[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Rules and Regulations]
[Pages 7276-7327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1744]



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Part XIX





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 679



Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion 
Protection Measures for the Groundfish Fisheries Off Alaska; Final 2001 
Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska and Emergency Interim Rule to Revise 
Certain Provisions of the American Fisheries Act; Interim Final Rules

  Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 011101B]
RIN 0648-A082


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures for the Groundfish Fisheries Off Alaska; Final 
2001 Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule; request for comments.

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SUMMARY: NMFS issues an emergency interim rule to implement Steller sea 
lion protection measures to avoid the likelihood that the groundfish 
fisheries off Alaska will jeopardize the continued existence of the 
western population of Steller sea lions or adversely modify its 
critical habitat. These management measures will disperse fishing 
effort over time and area and provide protection from fisheries 
competition for prey in waters adjacent to rookeries and important 
haulouts. This action also announces final 2001 harvest specifications 
and associated management measures for the groundfish fisheries of the 
Bering Sea and Aleutian Islands management area (BSAI) and the Gulf of 
Alaska (GOA). The intended effect of this emergency interim rule is to 
protect the endangered western population of Steller sea lions, as 
required under the Endangered Species Act (ESA), and to conserve and 
manage the groundfish resources in the BSAI and the GOA in accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: Effective January 18, 2001 through July 17, 2001, except for:
    50 CFR 679.22(a)(11)(v), (a)(12)(v), and (b)(3)(iv) will be 
effective on 1200 hours (Noon) A.l.t., June 10, 2001, through July 17, 
2001, and
    Sections 679.4(l); 679.5(a)(4)(iv); 679.5(f)(3); 679.5(i)(1)(iii); 
679.5(o); 679.20(a)(5)(i)(D); 679.20(d)(1)(iv); 679.21(d)(8); 
679.21(e)(3)(v); 679.50(c)(5); 679.50(d)(5) and subpart F will be 
effective January 18, 2001, through December 31, 2001.
    Comments must be received by February 21, 2001.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK, 99802, Attn: Lori Gravel, or delivered to 
room 401 of the Federal Building, 709 West 9th Street, Juneau, AK. 
Comments will not be accepted if submitted via e-mail or Internet. 
Copies of the November 30, 2000, Biological Opinion and Incidental Take 
Statement on Authorization of the BSAI groundfish fisheries based on 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands and Authorization of the GOA groundfish 
fisheries based on the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (Comprehensive BiOp), including the Reasonable and 
Prudent Alternative (RPA), may be obtained from the same address. The 
Comprehensive BiOp is also available on the NMFS Alaska Region home 
page at http://www.fakr.noaa.gov.
    Copies of the Final 2001 Stock Assessment and Fishery Evaluation 
(SAFE) reports, dated November 2000, are available from the North 
Pacific Fishery Management Council, West 4th Avenue, Suite 306, 
Anchorage, AK, 99510 or from their home page at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, Sustainable Fisheries 
Division, Alaska Region, 907-586-7228 or email at 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone off Alaska under the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
and the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(FMPs). The North Pacific Fishery Management Council (Council) prepared 
the FMPs under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801, et seq. Regulations governing U.S. fisheries and implementing the 
FMPs appear at 50 CFR parts 600 and 679. NMFS also has management 
responsibility for certain threatened and endangered species, including 
Steller sea lions, under the Endangered Species Act of 1973 (ESA), 16 
U.S.C. 1531, et seq., and the authority to promulgate regulations to 
enforce provisions of the ESA to protect such species.

Introduction

    The preamble to this emergency rule contains two parts. Part I 
explains the background surrounding actions taken to protect the 
endangered western population of Steller sea lions, including 
information on the development and specific provisions of the RPA 
developed in the Comprehensive BiOp. Part II describes the harvest 
specifications for the 2001 groundfish fisheries of the BSAI and GOA. 
These specifications are consistent with the 2001 Steller sea lion 
protection measures.

Part I. Steller Sea Lion Protection Measures

Background
    In 1990, NMFS designated the Steller sea lion as a threatened 
species under the ESA. The designation followed severe declines 
throughout much of the GOA and Aleutian Islands region. In 1993, NMFS 
defined critical habitat for the species to include (among other 
areas), the marine areas within 20 nautical miles (nm) of major 
rookeries and haulouts of the species west of 144 deg. W longitude. In 
1997, NMFS recognized two separate populations, and reclassified the 
western population (west of 144 deg. W longitude) as endangered.
    NMFS first began collecting information on the abundance of Steller 
sea lions during the 1950s and 1960s. However, the first counts based 
on reliable data were not available until the late 1970s; these counts 
reported approximately 109,800 animals. During the 1980s, a precipitous 
decline of Steller sea lions was observed. By 1996, the population had 
declined by 80 percent from the late 1970s. Counts of adult and 
juvenile Steller sea lions have continued to decline over the last few 
years, but at a lower rate.
    NMFS believes that multiple factors have contributed to the 
decline, but considerable evidence indicates that lack of available 
prey is a significant factor. Foraging studies confirm that Steller sea 
lions depend on pollock, Pacific cod, and Atka mackerel as major prey 
sources, and that they may be particularly sensitive to reduced 
availability of prey during the winter. The significance of pollock, 
Pacific cod, and Atka mackerel in the diet of sea lions may have 
increased since the 1970s due to shifts in the Bering Sea ecosystem 
related to atmospheric and oceanographic changes.
    In accordance with the requirements of the ESA, the NMFS Office of 
Protected Resources issued a biological opinion on the pollock 
fisheries of the BSAI and GOA and the Atka mackerel fishery of the 
Aleutian Islands subarea, dated December 3, 1998, and revised December 
16, 1998 (1998-1 BiOp). The 1998-1 BiOp concluded that the BSAI and GOA 
pollock trawl fisheries, as

[[Page 7277]]

projected for 1999 through 2002, were likely to jeopardize the 
endangered western population of Steller sea lions and adversely modify 
critical habitat designated for this population. The term 
``jeopardize'' means ``to engage in an action that reasonably would be 
expected, directly or indirectly, to reduce appreciably the likelihood 
of both the survival and recovery of a listed species in the wild by 
reducing the reproduction, numbers, or distribution of that species'' 
(50 CFR 402.02). The phrase ``adversely modify its critical habitat'' 
means ``a direct or indirect alteration that appreciably diminishes the 
value of critical habitat for both the survival and recovery of a 
listed species. Such alterations include, but are not limited to, 
alterations adversely modifying any of those physical or biological 
features that were the basis for determining the habitat to be 
critical'' (50 CFR 402.02). The 1998-1 BiOp also concluded that the 
Atka mackerel fishery, as modified by recent regulatory changes (64 FR 
3446, January 22, 1999), was not likely to jeopardize the endangered 
western population of Steller sea lions or adversely modify its 
critical habitat.
    The 1998-1 BiOp did not prescribe a single RPA for the BSAI and GOA 
pollock fisheries, but rather established a framework to avoid the 
likelihood of jeopardizing the continued existence of the western 
population of Steller sea lions or adversely modifying their critical 
habitat. The framework consisted of three principles: (1) Temporal 
dispersion of fishing effort, (2) spatial dispersion of fishing effort, 
and (3) protection from fisheries competition for Steller sea lion prey 
in waters adjacent to rookeries and important haulouts. For each of 
these principles, the 1998-1 BiOp provided guidance on the development 
of management measures to meet the objectives and, ultimately, to avoid 
jeopardy and adverse modification. The 1998-1 BiOp stated that certain 
conservation measures could be phased in over a 2-year period.
    In December 1998, NMFS staff briefed the Council on the 1998-1 
BiOp. The Council then prepared recommendations for alternative 
management measures based on the RPA guidelines to avoid jeopardy and 
adverse modification. The Council's recommendation did not contain 
Bering Sea subarea (BS) pollock harvest specifications for the second 
half of 1999. However, the Council planned to recommend these measures 
prior to mid-1999. The Council also recommended closing all but nine of 
the haulout zones specified by the 1998-1 BiOp in the BSAI and GOA. 
NMFS determined these recommendations to be acceptable as part of a 2-
year phase-in strategy, in which equivalent or better protections would 
be extended for those areas for 2000 and beyond.
    On December 16, 1998, NMFS adopted the measures recommended by the 
Council (with modifications) into the 1998-1 BiOp as part of the 
reasonable and prudent alternatives for the Alaska pollock fisheries. 
NMFS published an emergency interim rule implementing these measures in 
the Federal Register on January 22, 1999 (64 FR 3437), as amended on 
February 17, 1999 (64 FR 7814), and on February 25, 1999 (64 FR 9375), 
which was effective through July 19, 1999. The preamble to the 
emergency rule provides a detailed description of the purpose and need 
for the implementation of emergency measures in 1999.
    The Council met again in February, April, and June 1999 to consider 
recommendations for extending the emergency rule for the second half of 
1999, and, at its June meeting, voted to extend the emergency rule. 
Using the Council's recommendation, NMFS extended the emergency rule 
through December 31, 1999 (64 FR 39087, July 21, 1999; technical 
amendment 64 FR 43297, August 10, 1999), with revisions that included 
BS pollock harvest specifications for the second half of 1999.
    In June 1999, the Council also deliberated on various management 
measures to implement permanently the reasonable and prudent 
alternatives as described in the 1998-1 BiOp for 2000 and beyond. After 
significant debate and public comment, the Council voted to recommend a 
series of conservation measures to protect Steller sea lions.
    Greenpeace, the American Oceans Campaign, and the Sierra Club 
challenged the 1998-1 BiOp in the U.S. District Court for the Western 
District of Washington (Greenpeace v. NMFS, Civ. No. C98-0492Z (W.D. 
Wash.)). In an Order issued on July 9, 1999 (and amended on July 13, 
1999), the Court upheld the no-jeopardy conclusion for the Atka 
mackerel fishery and the jeopardy conclusion for the pollock fisheries. 
However, the Court also found that ``the Reasonable and Prudent 
Alternatives * * * were arbitrary and capricious * * * because they 
were not justified under the prevailing legal standards and because the 
record does not support a finding that they were reasonably likely to 
avoid jeopardy.'' On August 6, 1999, the Court remanded the 1998-1 BiOp 
back to NMFS for further analysis and explanation.
    To comply with the Court's Order, NMFS conducted additional 
analyses and completed the Revised Final Reasonable and Prudent 
Alternatives (RFRPAs) on October 15, 1999. The RFRPAs describe 
management measures that will avoid the likelihood that the pollock 
fisheries authorized by regulations will jeopardize the continued 
existence of the endangered western population of Steller sea lions or 
adversely modify their critical habitat.
    NMFS evaluated the measures recommended by the Council in June 1999 
as part of the RFRPA analyses, and determined that these measures (with 
modification to season dates, haulout protections, and spatial 
dispersion in the Bering Sea) achieved the principles identified in the 
1998-1 BiOp and the RFRPAs, and these were subsequently incorporated 
into the October 15, 1999, RFRPAs mentioned above. NMFS implemented the 
modified measures (then the RFRPAs) by emergency interim rule for the 
2000 groundfish fisheries (65 FR 3892, January 25, 2000, and 65 FR 
36795, June 12, 2000). Greenpeace, the American Oceans Campaign, the 
Sierra Club, and fishing industry representatives have challenged the 
adequacy of the RFRPAs in the U.S. District Court for the Western 
District of Washington. That judicial challenge is still pending.
    In December 1998, NMFS also issued an additional biological opinion 
evaluating the effects of the 1999 Federal groundfish fisheries in the 
BSAI and the GOA on endangered and threatened species and their 
critical habitat (1998-2 BiOp). Greenpeace, the American Oceans 
Campaign, and the Sierra Club also challenged the legal adequacy of the 
1998-2 BiOp, resulting in a Court Order finding it too narrow in scope. 
(Greenpeace v. NMFS, 80 F. Supp. 2d 1137 (W.D. Wash. 2000)). On July 
19, 2000, the Court issued an injunction prohibiting fishing for 
groundfish with trawl gear in the exclusive economic zone within 
Steller sea lion critical habitat west of 144 deg. W. longitude until 
NMFS issued a comprehensive biological opinion adequately analyzing the 
full scope of the FMPs. (Greenpeace v. NMFS, 106 F. Supp. 2d 1066 (W.D. 
Wash. 2000)). The critical habitat areas closed by the Court's 
injunction were defined in regulations codified at 50 CFR 226.202, and 
in Tables 1 and 2 of 50 CFR part 226. Pursuant to the ESA, NMFS issued 
an interim final rule prohibiting fishing for groundfish with trawl 
gear in Steller sea lion critical habitat specified in the Court's 
injunction (65 FR 49766, August 15, 2000).

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    In response to the Court's Order that found the 1998-2 BiOp 
inadequate, NMFS issued the Comprehensive BiOp on November 30, 2000. 
The Comprehensive BiOp evaluates all authorized federal groundfish 
fisheries and the overall management framework established by the GOA 
and BSAI FMPs. After analyzing the cumulative, direct, and indirect 
effects of the groundfish fisheries authorized by the GOA and BSAI FMPs 
on listed species, NMFS concluded in the Comprehensive BiOp that the 
Alaska groundfish fisheries, as currently prosecuted, jeopardize the 
continued existence of the western population of Steller sea lions and 
adversely modify its critical habitat. This conclusion was reached 
based on information that pollock, Pacific cod, and Atka mackerel are 
the main prey species for which Steller sea lions compete with the 
fisheries; that this competition causes reduced availability of prey, 
an effect of particular concern within Steller sea lion critical 
habitat, that reduced availability of prey leads to nutritional stress; 
and that nutritional stress, especially of juveniles and to a lesser 
extent adult females, is the leading hypothesis to explain the 
continued decline of the western population of Steller sea lions. The 
Comprehensive BiOp included an RPA that would allow a modified fishery 
to occur in a manner that would avoid jeopardy to the continued 
existence of Steller sea lions and adverse modification to their 
critical habitat.
    On December 21, 2000, the President signed Public Law 106-554. This 
law contains a one-year timetable for implementing the RPA as well as 
provisions affecting its implementation. In the following discussion, 
references will be made to these provisions whenever they affect 
implementation of the RPA.
    Section 209 of Public Law 106-554, paragraph (c)(3) also requires 
that ``(t)he 2001 Bering Sea/Aleutian Islands and Gulf of Alaska 
groundfish fisheries shall be managed in accordance with the fishery 
management plan and federal regulations in effect for such fisheries 
prior to July 15, 2000 * * * and said regulations are hereby restored 
to full force and effect.'' NMFS has determined that this statutory 
provision extends through 2001 the interim emergency regulations 
promulgated in 2000 to implement the American Fisheries Act, Public Law 
105-277 (AFA). In addition, NMFS has determined that this statutory 
provision does not invalidate fishery management plan amendments or 
regulatory amendments approved or implemented after July 15, 2000, that 
do not directly affect measures governing the interaction of fisheries 
with endangered Steller sea lions, and that such amendments remain in 
full force and effect. These measures include: Amendment 58 (Chinook 
salmon bycatch controls published at 65 FR 60587, October 12, 2000) and 
Amendment 64 (fixed gear allocations of Pacific cod published at 65 FR 
51553, August 24, 2000) to the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Area; Amendment 59 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska that 
established the Sitka Sound Marine reserve (65 FR 67305, November 9, 
2000); and three separate regulatory amendments that require vessel 
monitoring systems onboard vessels that are used to participate in the 
BSAI Atka mackerel fishery (65 FR 61264, October 17, 2000), an 
extension of the Pacific halibut donation program beyond 2000 (65 FR 
78119, December 14, 2000), adjustments to observer coverage 
requirements established for the Community Development Quota (CDQ) 
Program (65 FR 69483, November 17, 2000), and an extension of 
regulations governing observer coverage for the Alaska groundfish 
fisheries beyond 2000 (65 FR 80381, December 21, 2000).
Specific Elements of the 2001 Management Measures
    The measures proposed to be implemented in this emergency rule, as 
well as for the remainder of 2001, are discussed below. Initially, NMFS 
did not contemplate a one-year phase-in for the RPA. However, after 
consideration of Public Law 106-554 (signed into law on December 21, 
2001), NMFS reassessed 2001 protection measures relative to the concept 
of a phase-in. This assessment was conducted under the objective of 
maintaining strict adherence to ESA standards for no jeopardy to 
endangered listed species or adverse modification to their critical 
habitat during the one-year phase-in period. NMFS determined, as 
previously explained, that the short time period until full 
implementation of the protection measures is achieved (January 1, 
2002), along with immediate implementation of many of the protection 
measures by this emergency rule, will ensure that the fisheries are not 
likely to jeopardize the continued existence of any listed species or 
destroy or adversely modify the critical habitat of any listed species 
during the period of the phase-in.
    Specifically, Steller sea lion protection measures that are being 
put into place in this emergency rule as of January 20, 2001, affecting 
fishing for all of 2001 that are in addition to status quo fishing 
under the current FMP, include measures that were in place as RFRPAs 
under the previous biological opinion for all areas: (1) No transit 
zones within 3 nm of 37 rookery sites, (2) closure within 10 or 20 nm 
of 37 rookeries to all trawling year-round, and (3) closure to pollock 
fishing within 10 or 20 nm of 75 haulouts, seasonally or year-round 
based on use by sea lions. In the Bering Sea pollock fishery measures 
include: (1) Four seasons with harvest limits within sea lion critical 
habitat foraging areas; and (2) two seasons (40:60 percent allocation) 
outside critical habitat, continuation of Bering Sea fishery 
cooperatives established under the American Fisheries Act, and the Gulf 
of Alaska pollock fishery distributed over 4 seasons (30:15:30:25 
percent allocation). In the Atka mackerel fishery, measures include: 
(1) A VMS requirement, (2) continuation of two equal seasons, 
(3)restrictions on harvests in critical habitat and new, reduced 2001 
critical habitat harvest limits for Atka mackerel in the Aleutian 
Islands.
    Measures from the RPA in the comprehensive 2000 biological opinion 
that have never been implemented before, but will be effective January 
20, 2001, reflecting the fact that the pollock roe fisheries and the 
GOA Pacific cod fishery (all gears) and the BSAI trawl Pacific cod 
fishery typically conclude by mid-March include: (1) Prohibiting 
groundfish fishing by federally permitted vessels within 3 nm of more 
than 75 important haulout sites identified under established criteria, 
(2) establishing two fishing seasons for Pacific cod, January 1-June 10 
(60 percent of the allocation) and June 11-December 31 (40 percent), 
(3) reduction of the allowable catch for Gulf of Alaska pollock from 
the Council's recommended 2001 level by 10 percent (reduction is less 
than the 20 percent reduction calculated under the Global Control Rule 
developed under the biological opinion because it is limited by the new 
appropriations law (P.L. 106-554)), and (4) a cap of the 2001 Bering 
Sea pollock harvest in the Steller sea lion conservation area to no 
more than the amount authorized in the final 2000 harvest 
specifications, effectively capping the Bering Sea pollock harvest in 
critical habitat at the 2000 level until the biological opinion is 
fully implemented in 2002. Additionally, by June 10, 2001, the 
emergency rule would implement the closed areas contained in the 
biological opinion for the pollock, Pacific cod, and Atka mackerel 
fisheries. The Council would

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have the opportunity to suggest modifications to these closures for the 
remainder of 2001 provided they meet the requirements of the biological 
opinion (e.g., close at least 50 percent of critical habitat to the 
three fisheries and maximize protection of Steller sea lion pups and 
juveniles). The full RPA would be implemented by January of 2002, 
including additional seasonal restrictions and harvest limits, unless 
alternative strategies are developed that meet the objectives of the 
RPA in removing jeopardy and adverse modification.
    After reviewing this phase-in as an alternative strategy for 
implementation of Steller sea lion protection measures, NMFS has 
determined that it is a reasonable alternative way to implement the RPA 
while maintaining the goal of removing the threat of jeopardy and 
adverse modification from this fishery, provided that the phase-in is 
complete by January of 2002. This conclusion was reached because, if we 
assume that the average annual 4 percent rate of decline for Steller 
sea lions over the past decade is due to fishing, as discussed in the 
biological opinion (2000), immediate implementation of the RPA is 
expected to reverse that rate of decline to a level around minus 0.7 
percent by the end of 2001, although this rate would likely not be 
detectable for four years. Using the phase-in approach, NMFS expects 
the measures being implemented in January and June of 2001 to reduce 
the average annual rate of decline in 2001 to between approximately 
minus 2.0 and minus 2.5 percent. The one-year time frame for achieving 
the effect of full RPA implementation (minus 0.7 percent rate) would 
have an undetectable effect on the recovery and sustainability of the 
Steller sea lion population. This represents the most reasonable method 
of complying with all applicable law, including P.L. 106-554 (which did 
not exist at time of development of the original RPA)and the ESA.
    The 2001 protection measures that are implemented in January and 
June address the competition between the groundfish fishery and non-
human predators in the marine ecosystem in several ways. First, these 
measures as described will modify the existing harvest control rule to 
ensure that during 2001 enough prey resources exist overall and that 
prey densities are sufficient to supply all competitors on a large 
scale. Second, the protection measures will distribute the catch of 
important prey species over space and time to reduce the effects of 
localized depletion. Localized depletion is the reduction of prey 
resources below a threshold necessary to effectively supply predators 
in a specific area during a specific time period. Finally, the RPA will 
prohibit fishing in areas immediately surrounding rookery and haulout 
sites and curtail fishing for important prey species in significant 
portions of designated critical habitat to relieve competition in areas 
considered important to Steller sea lion survival and recovery.
Modify the Existing Harvest Control Rule
    The RPA includes a modification of the existing harvest control 
rule for pollock, Pacific cod, and Atka mackerel. NMFS currently uses a 
harvest control rule when determining the maximum allowable biological 
catch (ABC). Under the existing control rule, ABC for a majority of 
stocks, including pollock, Pacific cod, and Atka mackerel, is based on 
a fishing mortality rate that would reduce the spawning biomass per 
recruit to 40 percent of its unfished level, if the biomass of the 
target stock is projected to be at or above a biomass necessary to 
achieve maximum sustainable yield. However, if the biomass of the 
target stock is projected to be below a biomass necessary to achieve 
maximum sustainable yield, then the fishing mortality rate is reduced 
in a linear fashion until the biomass is 5 percent of a biomass 
necessary to achieve maximum sustainable yield. At this point, when the 
spawning biomass per recruit of the target stock is reduced to 2 
percent of its unfished level, the fishing mortality rate is 0, and all 
fishing for that target stock is stopped.
    The modification of the existing control rule contained in the RPA 
(also known as the Global Control Rule) will require a more aggressive 
linear reduction in fishing mortality rate when the biomass of a 
pollock, Pacific cod, or Atka mackerel stock is projected to be below a 
biomass necessary to achieve maximum sustainable yield. This means that 
the fishing mortality rate will be reduced more rapidly when the 
biomass of the target stock is projected to be below a biomass 
necessary to achieve maximum sustainable yield. This adjustment to the 
fishing mortality rate also means that all fishing for a target species 
would stop when the spawning biomass per recruit of the target stock is 
reduced to 20 percent of its unfished level, rather than when the 
spawning biomass per recruit of the target stock is reduced to 2 
percent of its unfished level as in the existing control rule. The 
Global Control Rule is designed to ensure adequate levels of each prey 
species is maintained for Steller sea lions by more rapidly reducing 
the fishing mortality rate when the biomass of the target stock is 
projected to be below a biomass necessary to achieve maximum 
sustainable yield and by stopping fishing for those prey species when 
their population size is 10 times larger than under the existing 
control rule.
    The application of the Global Control Rule in 2001 is modified by 
Public Law 106-554, which provides at section 209(c)(5) that ``[t]he 
harvest reduction requirement (`Global Control Rule') shall take effect 
immediately in any 2001 groundfish fishery in which it applies, but 
shall not cause a reduction in the total allowable catch of any fishery 
of more than 10 percent.'' Based on this provision, the reduction in 
the amount of GOA pollock that can be harvested in 2001 will be limited 
to 10 percent of the total allowable catch for that species. This 
reduction is less than the 20 percent reduction calculated under the 
Global Control Rule developed under the biological opinion because it 
as limited by the subsequent requirements of implementation of Public 
Law 106-554. The Global Control Rule will be fully implemented in 2002.
Distribution of the Catch of Prey Species Over Time and Area
    The 2001 Steller sea lion protection measures include fishing 
seasons \1\ for pollock, Pacific cod, Atka mackerel, and BS pollock 
critical habitat harvest limits. Seasons for pollock and Atka mackerel 
for 2001 remain the same as under Steller sea lion protection measures 
implemented in 2000. This is consistent with the RPA. For Pacific cod, 
the RPA also required two seasons outside critical habitat and four 
seasons inside critical habitat. The 2001 protection measures will 
implement two new seasons for Pacific cod that did not exist in 2000, 
phasing in full implementation of the four seasons by 2002. These new 
seasons for Pacific cod, like the seasons for pollock and Atka 
mackerel, will distribute the affected fisheries over time. Critical 
habitat harvest limits for pollock and Atka mackerel will be 
implemented by this emergency rule consistent with the requirements of 
the RPA. Critical habitat harvest limits for Pacific cod will be 
implemented by January 1, 2002, when it will become more practicable 
for NMFS to monitor smaller vessels that are used to fish for Pacific 
cod. For example, more effective monitoring and enforcement of harvest 
limits would include use of tools like vessel monitoring systems and 
electronic

[[Page 7280]]

logbooks. Critical habitat limits will distribute the affected 
fisheries over area.
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    \1\ Times for all openings and closures of seasons are specified 
in 50 CFR 679.23.
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1. BSAI Pollock Seasons and Critical Habitat Limits
    Fishing for pollock in the BSAI during the first half of 2001 will 
be conducted in the same manner as in 2000. This emergency rule will 
continue to prohibit directed fishing for pollock in the Aleutian 
Islands subarea (AI). Fishing seasons also are continued for the four 
sectors of the Bering Sea pollock fishery that are defined in the AFA. 
These fishing seasons are summarized in Table 1.
    This emergency rule extends the repeal of the ``fair start'' 
provisions that required vessels fishing for pollock in the Bering Sea 
to cease fishing for groundfish during the week preceding each pollock 
season or face a mandatory stand-down period during the first week of 
the pollock season. The Council determined that these fair start 
requirements were no longer necessary given the changes to the pollock 
fishery that occurred under the AFA.
    The biological opinion notes that in order to maximize protection 
of Steller sea lion pups and juveniles, at least 50 percent of critical 
habitat should be closed to pollock, Pacific cod, and Atka mackerel 
fishing and that closed areas must provide for the statistical design 
of a monitoring program that will evaluate the effectiveness of 
protection measures. This emergency rule also will extend the use of 
the Steller sea lion conservation area (SCA) established by the 
emergency rule published January 25, 2000 (65 FR 3892). However, these 
are only adequate as part of an overall phase-in approach that will 
implement the full closure scenario (or an equally effective 
alternative approach) contemplated by the RPA in the 2000 biological 
opinion by 2002. The SCA includes the portion of Bering Sea critical 
habitat known as the Bogoslof foraging area and the portion of the 
Catcher Vessel Operational Area (CVOA) that extends eastward from the 
Bogoslof foraging area. This eastern block of the CVOA overlaps with 
the pollock trawl exclusion zone for Sea Lion Rocks (Amak Island). 
Inclusion of this eastern block in the SCA is necessary to provide 
sufficient protection from concentrated fishing and resulting localized 
depletions of sea lion prey in (1) the narrow corridor between the 
Bogoslof foraging area and the Sea Lion Rocks (Amak Island) trawl 
exclusion zone and (2) the adjacent portions of critical habitat.
    The SCA consists of the area of the Bering Sea between 170 deg.00' 
W longitude and 163 deg.00' W longitude, south of straight lines 
connecting the following points in the order listed:

55 deg.00' N lat 170 deg.00' W long.;
55 deg.00' N lat 168 deg.00' W long.;
55 deg.30' N lat 168 deg.00' W long.;
55 deg.30' N lat 166 deg.00' W long.;
56 deg.00' N lat 166 deg.00' W long.;
56 deg.00' N lat 163 deg.00' W long.

    This emergency rule specifies the amount of the annual total 
allowable catch (TAC), that can be taken from the SCA in each season 
listed in Table 1. The TAC is equal to the sum of each sector's 
directed fishing allowance (DFA) plus the incidental catch allowance 
(ICA). This amount is capped at the harvest amounts authorized for 2000 
until the full RPA is implemented in 2002. Effectively, the SCA 
allocations using the 2000 TACs is 149,208 mt higher than under the 
full RPA. Although the 2000 harvest levels were based on specified 
percentages of the 2000 pollock TAC, the 2001 SCA harvest limits are 
established as the actual 2000 harvest limit in metric tons. The 
pollock SCA harvest limit specified for each industry sector is further 
apportioned to the fishing seasons identified in Table 1 according to 
the percentages set out in the emergency rule published in the Federal 
Register on January 25, 2000 (65 FR 3892). As a result, each sector's 
2001 seasonal harvest limit in the SCA is unchanged from the tonnage 
level specified for 2000, except to the extent that NMFS adjusts the 
ICA (See Part II and Sec. 679.22(a)(11)(iv)(E)(1) for specific amounts 
in metric tons). Further, the increase in the Bering Sea pollock TAC in 
2001 from 2000, which occurred because more pollock is available for 
harvest in 2001, will be harvested outside the SCA. This action is 
taken to further ensure adequate prey resources inside critical 
habitat.

                      Table 1.--Bering Sea Subarea Pollock Fishing Seasons for All Sectors
----------------------------------------------------------------------------------------------------------------
                                                                     Season
     Bering Sea subarea--      ---------------------------------------------------------------------------------
                                        A                  B                 C                     D
----------------------------------------------------------------------------------------------------------------
Outside the SCA \1\...........    January 20-June 10 (combined A/B
                                               season)
                                  June 10-November 1 (combined C/D
                                               season)
----------------------------------------------------------------------------------------------------------------
Inside the SCA................  Jan. 20-April 1..  April 1-June 10.  June 10-Aug. 20.  Aug. 20-Nov. 11
----------------------------------------------------------------------------------------------------------------
\1\ For the area outside the SCA, there will be two seasonal pairs, A/B and C/D, that are allocated the annual
  Bering Sea subarea directed fishing allowance by sector.

    NMFS will monitor catch by each industry sector and close the SCA 
to directed fishing for pollock by sector when NMFS determines that the 
specified SCA limit has been reached. In accordance with the Council's 
intent to address small vessel safety concerns, inshore catcher vessels 
less than or equal to 99 ft (30.2 m) LOA will continue to be exempt 
from SCA closures during the fall and winter months unless the cap for 
the inshore sector has been reached. Under the authority of the AFA, 
NMFS will separate the inshore fishery into cooperative and non-
cooperative sector allocations. For each sector, NMFS will announce the 
closure of the SCA to catcher vessels over 99 ft (30.2 m) LOA before 
the inshore sector SCA limit is reached. NMFS will implement the 
closure in a manner intended to leave remaining quota within the SCA 
that is sufficient to support directed fishing for pollock by vessels 
less than or equal to 99 ft (30.2 m) LOA for the duration of the 
inshore sector opening. This measure will be implemented only during 
the A, B, and D seasons because of Council's intent to address vessel 
safety concerns during these time periods of severe weather.
    Over harvest and under harvest of SCA amounts may be ``rolled 
over'' from the A season SCA limit to the B season SCA limit so that no 
single season exceeds 15 percent of the annual TAC, and that the 
combined A/B limit inside the SCA of 20 percent is not exceeded.
2. BSAI Atka Mackerel Seasons and Critical Habitat Limits
    As required by P.L. 106-554, fishing for Atka mackerel in the BSAI 
during the first half of the 2001 will be conducted as specified in 
current regulations. As such, critical habitat limits in the western 
and central

[[Page 7281]]

Aleutian Islands districts will be reduced as required under existing 
regulations at 50 CFR 679.22(a)(8)(iii)(B). The A season for Atka 
mackerel will begin January 1, 2001, and end April 15, 2001. The B 
season will begin September 1, 2001, and end November 1, 2001. Fifty 
percent of the annual TACs for the western, central, and eastern 
Aleutian Islands districts is available during each season. Critical 
habitat harvest limits on the amount of 2001 TAC apportioned to the 
respective areas during each season are: Western area, 48 percent; 
central area, 46 percent; and eastern area, 0 percent.
    This emergency rule makes two general changes to the regulations 
governing the Atka mackerel fishery not specific to implementing the 
biological opinion, but that require change. First, correction is made 
to regulations at Sec. 679.20(c)(2)(ii) that establish annual interim 
harvest amounts to indicate that in any given year the first proposed 
seasonal allowance of Atka mackerel TACs would be available at the 
beginning of the fishing year as interim TAC amounts until superseded 
by final harvest specifications. Second, a regulatory reference to 50 
CFR part 226 at Sec. 679.22(a)(8)(iii)(A) is removed. Instead, the 
regulations now refer to a new Table 21 in 50 CFR part 679 that 
contains a complete list of corrected rookery and haulout sites that 
are used to identify different fishery restrictions surrounding these 
areas and implemented under 50 CFR part 679.
3. BSAI and GOA Pacific Cod Seasons
    This emergency rule separates the BSAI and GOA Pacific cod TACs 
into two separate seasonal allowances, a change from prior years in 
which there were no seasonal splits. The new A season begins on January 
1, 2001, and ends June 10, 2001. Sixty percent of the annual TAC of 
BSAI and GOA Pacific cod, after subtraction of any reserves and 
incidental catch, will be available for harvest during the A season and 
will be apportioned among the various sectors as provided in 
Secs. 679.20(a)(6)(iii) and 679.20(a)(7). The new B season begins at 
noon A.l.t. on June 10, 2001, and ends on December 31, 2001. Forty 
percent of the annual TAC of BSAI Pacific cod, after subtraction of any 
reserves and incidental catch, will be available for harvest during the 
B season and will be apportioned among the various sectors as provided 
in Secs. 679.20(a)(6)(iii) and 679.20(a)(7). Apportioning Pacific cod 
between two seasons will affect the ability of fishermen to fully 
utilize the TAC for Pacific cod. Pacific cod tends to aggregate during 
the early part of the calendar year and is easier to locate and catch. 
In previous years, a large portion of the Pacific cod TAC was taken 
during the early part of the calendar year. Also, as Pacific cod 
becomes disaggregated, the increased fishing time and effort to catch 
the same amount of fish means commensurate increases in bycatch, which 
also can affect the success of fully utilizing the TAC. Finally, these 
effects will be further exacerbated in future years because the 60/40 
percentage split between the A and B seasons will be in place for 2001 
only. In subsequent years, the percentage split will be changed to 40 
percent in the A season and 60 percent in the B season. This change is 
consistent with the conclusions in the Comprehensive BiOp, which 
indicated that a greater proportion of essential prey should be made 
available to Steller sea lions during the winter season. Any over 
harvest or under harvest of Pacific cod harvest from the A season may 
be subtracted from or added to the subsequent B season.
4. GOA Pollock Seasons
    In accordance with P.L. 106-544, fishing for pollock in the GOA 
during the first half of the 2001 will be conducted in the same manner 
as in 2000. Fishing seasons and pollock TAC apportionments in the 
Western and Central (W/C) Regulatory Areas of the GOA are summarized in 
Table 2.

  Table 2.--Pollock Fishing Seasons and TAC Apportionments for the Western and Central Regulatory Areas of the
                                                 Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
                                                 TAC
                  Season                    apportionment                       Season dates
                                             (in percent)
----------------------------------------------------------------------------------------------------------------
A........................................               30  January 20-March 1.
B........................................               15  March 15-May 31.
C........................................               30  August 20-September 15.
D........................................               25  October 1-November 1.
----------------------------------------------------------------------------------------------------------------

    The TAC for pollock during the A/B season in the combined W/C 
Regulatory Areas will continue to be apportioned among Statistical 
Areas 610, Shelikof Strait, and areas 620 and 630 outside of Shelikof 
Strait in proportion to the distribution of the pollock biomass as 
determined by the most recent NMFS surveys. Consistent with current 
regulations, pollock fishing seasons are not established for the 
Eastern Regulatory Area.
    In the GOA, overall pollock fishery harvest rates have varied from 
about 5 percent of the total biomass to about 10 percent since 1990. 
From 1994 to 1999, the estimated harvest rate in Shelikof Strait has 
been on the order of 1 percent to 3 percent of the total biomass, well 
below the overall harvest rate for the GOA. This discrepancy suggests 
that the biomass of pollock in Shelikof Strait is under-utilized 
relative to the biomass of pollock outside the Strait. Therefore, 
pollock biomass outside the Strait must be over-utilized relative to 
the overall harvest rate. This relative over-utilization of pollock 
outside Shelikof Strait could have had a detrimental effect on the 
availability of pollock to Steller sea lions in those outer regions. To 
ameliorate this effect, Shelikof Strait received a separate 
apportionment in 2000. This separate apportionment will continue with 
this emergency rule.
    The Shelikof Strait conservation area is defined as the area 
bounded by straight lines and shoreline connecting the following 
coordinates in the following order:
58 deg.51' N lat 153 deg.15' W long.;
58 deg.51' N lat 152 deg.00' W long.; and, the intersection of 
152 deg.00' W long with Afognak Island; aligned counterclockwise around 
the shoreline of Afognak, Kodiak, and Raspberry Islands to
57 deg.00' N lat 154 deg.00' W long.;
56 deg.30' N lat 154 deg.00' W long.;
56 deg.30' N lat 155 deg.00' W long.;
56 deg.00' N lat 155 deg.00' W long.;
56 deg.00' N lat 157 deg.00' W long.; and the intersection of 
157 deg.00' W long. with the Alaska Peninsula.
    As in 2000, the Shelikof Strait conservation area TAC apportionment 
is determined for the A and B seasons based on the most recent winter

[[Page 7282]]

hydroacoustic survey data. Specific harvest amounts can be found under 
Part II of this action. The GOA TAC for areas 610, 620, and 630 outside 
of the Shelikof Strait conservation area, will be determined based on 
the biomass available outside of Shelikof Strait. NMFS will prohibit 
directed fishing for pollock within Shelikof Strait when the seasonal 
apportionment of the pollock TAC for the Shelikof Strait conservation 
area has been reached.
    The 300,000 lb (136 mt) trip limit for catcher vessels harvesting 
pollock in the directed pollock fisheries of the GOA supports the 
temporal distribution objectives of the RPA and is maintained by this 
rule. A catcher vessel fishing for groundfish in the GOA will be 
prohibited from retaining on board more than 300,000 lb (136 mt) of 
pollock harvested in the GOA. This trip limit will not exempt vessels 
from existing regulations that require 100 percent retention of pollock 
when directed fishing for pollock is open. A vessel would have to stop 
fishing for pollock during a fishing trip before the 300,000 lb (136 
mt) trip limit is reached to avoid a violation of either the 300,000 lb 
(136 mt) trip limit or the 100 percent retention requirement for 
pollock.
    In addition, to prevent the large scale use of tender vessels to 
avoid the trip limit restriction, this rule also will continue to 
prohibit vessels from operating as tenders in the GOA east of 
157 deg.00' W longitude. Vessels operating as tenders in the GOA west 
of 157 deg.00' W longitude will be prohibited from retaining on board 
more than 600,000 lb (272 mt) (the equivalent of two fishing trips) of 
unprocessed pollock that was harvested in the GOA. Tendering west of 
157 deg.00' W longitude is allowed because smaller vessels delivering 
to Sand Point and King Cove are more dependent on tenders than the 
larger vessels that operate east of 157 deg.00' W longitude and deliver 
primarily to Kodiak.
Closed Areas
    The RPA recognized the existing 3 nautical mile (nm) no-entry zones 
around rookeries listed in 50 CFR 223.202. Those regulations are still 
in effect. Those sites that are subject to the no-entry zones under 50 
CFR 223.202 are also listed in Table 21 to 50 CFR part 679 for fishing 
closures. However, persons should refer to 50 CFR 223.202 for the 
appropriate locations of the no-entry zones. In some cases those 
locations may be different than locations for the same sites that are 
also listed in Table 21 to 50 CFR part 679. NMFS apologizes for any 
confusion that these differences may cause and plans to rectify any 
differences in the near future. However, until that occurs, persons are 
advised to consult with 50 CFR 223.202 for the proper location of no-
entry zones and Table 21 to 50 CFR part 679 for proper location of 
sites for fishery closures.
    This emergency rule closes designated haulout areas to directed 
fishing for groundfish consistent with the conclusion in the 
Comprehensive BiOp that protecting areas immediately surrounding 
rookery and haulout sites is particularly critical to Steller sea lion 
survival and recovery. These closures prohibit all federally-permitted 
groundfish vessels from fishing within 3 nm of haulouts designated as 
protection zones for the pollock fishery in 2000. These haulout sites 
are listed in Table 21 to 50 CFR part 679 and were identified as 
important to the foraging needs of Steller sea lions in the 1998-1 BiOp 
and in the RFRPAs for the pollock fishery.
    These closed areas, as well as others discussed below, are designed 
to provide sufficient protection to Steller sea lions, consistent with 
the hierarchy of concerns established in the Comprehensive BiOp, as 
well as previous biological opinions. The hierarchy of concerns 
indicates that concerns about the effects of the groundfish fisheries 
on Steller sea lions are greatest around rookeries and haulouts. 
Protecting rookeries and haulouts is important so that the most 
vulnerable Steller sea lions, lactating females, young-of-the-year, and 
juveniles, are provided access to essential prey resources.
    Under this emergency rule, a another type of closure of areas 
deemed important to Steller sea lions will become effective on June 10. 
These closures were identified in the Comprehensive BiOp under the RPA 
and will prohibit directed fishing for pollock, Pacific cod, and Atka 
mackerel in 66 percent of Steller sea lion critical habitat. These 
closed areas include portions of Steller sea lion forage area, as well 
as a subset of the rookeries and haulouts listed in Table 21 to 50 CFR 
part 679.
Pollock Trawl Exclusion Zones
    Under Public Law 106-554, regulations that governed the 2000 
pollock fishery off Alaska are extended into 2001 except as modified 
through this rule. Thus, the Aleutian Islands closure to directed 
pollock fishing is extended into 2001. The Aleutian Islands closure 
originally was implemented in 1999 and is designed to protect the 
waters surrounding rookeries and major haulouts of Steller sea lions in 
and around the Aleutian Islands.
    The prohibition on directed fishing for pollock within either 10 or 
20 nm of rookeries and important haulouts in the Bering Sea and the 
Gulf of Alaska also is extended consistent with Public Law 106-554. The 
location, size, and period of each exclusion zone are set out in Table 
21 of this emergency rule. Note that the location of some of these 
sites and extent of closed areas around these sites are different from 
the sites defined as critical habitat in 50 CFR 226.202. Table 21 to 50 
CFR part 679 does not define critical habitat. Table 21 to 50 CFR part 
679 defines protection zones for Steller sea lions as required by the 
RPA and site locations are based on new information gained from recent 
surveys of the Steller sea lion sites. Similar to the site locations in 
50 CFR 223.202, NMFS intends to update site locations in 50 CFR part 
226 by proposed and final rulemaking in the near future based on this 
new information. This update will ensure consistency between site 
locations listed in Table 21 to 50 CFR part 679 and in 50 CFR part 226. 
However, the public is advised that the site locations in the Table 21 
to 50 CFR part 679 are the ones to be used for purposes of compliance 
with this rule.
    NMFS developed these exclusion zones on the basis of 10 Steller sea 
lion counts conducted since 1979, during the reproductive season 
(summer) and non-reproductive season (winter). NMFS used the following 
criteria to identify sites that require exclusion zones and to 
determine the period of the closure and the radius of the zone:
    1. Rookeries. If the site is a rookery, a 10 or 20-nm year-round 
pollock trawl exclusion zone.
    2. Summer haulouts. If the site is a summer haulout, with greater 
than 200 sea lions in a summer survey since 1979, and fewer than 75 sea 
lions in winter surveys since 1979, a 10 or 20-nm exclusion zone from 
June 1 through November 1.
    3. Winter haulouts. If the site is a winter haulout, with less than 
200 sea lions in summer surveys since 1979, and greater than 75 sea 
lions in a winter survey since 1979, a 10 or 20-nm exclusion zone from 
November 1 through June 1.
    4. Year-round haulouts. If the site is a year-round haulout with 
greater than 200 sea lions in a summer survey since 1979, and greater 
than 75 sea lions in a winter survey since 1979, a 10 or 20 nm year-
round exclusion zone.
    In the Bering Sea, the Walrus Island rookery meets the requirements 
under the guidelines in the RPA for closure to 20 nm. However, because 
this site falls

[[Page 7283]]

entirely within the Pribilof Island Area Habitat Conservation Zone (see 
Sec. 679.22(a)(6)), which is closed to trawling year-round, a 20-nm 
closure of this area to directed fishing for pollock would be redundant 
and is not necessary.
    In the GOA, two of the haulout sites that qualify for closure to 10 
nm under criteria in the 1998-1 BiOp, Point Elrington and The Needles, 
lie entirely within Alaska State waters. The State of Alaska has 
developed protection measures for these haulouts similar to Federal 
protection measures that provide for spatial and temporal distribution 
of pollock harvests. Therefore, these sites are not established as 
exclusion zones under this emergency rule.
    This rule closes another GOA site, Sea Lion Rocks, for a radius of 
10 nm to all vessels longer than 60 ft (18.3 m) length overall (LOA). 
Sea Lion rocks will not be closed to vessels less than or equal to 60 
ft (18.3 m) LOA between 3 nm and 10 nm due to the relatively lower 
levels of harvests by such vessels and safety concerns for small boats 
in the region. Historically, from 1994 through 1998, vessels longer 
than 60 ft (18.3 m) LOA have accounted for 72 percent of total harvests 
in this area.
Catcher Vessel Exclusive Fishing Seasons
    In 2000, the Council recommended that catcher vessels be prohibited 
from participating in directed fishing for pollock in both the BS and 
GOA in concurrent seasons, except for catcher vessels less than 125 ft 
(38.1 m) LOA that fish in the GOA east of 157 deg.00' W longitude. For 
example, if a catcher vessel chose to participate in the combined BS A/
B season, it would not be eligible to participate in the W/C GOA until 
the start of the GOA C season. Similarly, if a catcher vessel chose to 
participate in the GOA A season, it would not be eligible to 
participate in the BS until the start of the next BS season, which 
would be the C/D season.

Part II. Specifications

    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and for the ``other species'' 
category, the sum of which must be within the optimum yield range of 
1.4 million to 2.0 million metric tons (mt) for the BSAI and within the 
optimum yield range of 116,000 mt to 800,000 mt for the GOA 
(Sec. 679.20(a)(1)).
    NMFS is implementing the 2001 TAC specifications for the BSAI and 
GOA through this emergency rule. The normal procedure of publishing 
proposed, interim, and final TAC specifications was not followed in 
2001 because of the impracticability of publishing proposed 
specifications prior to the issuance of the Comprehensive BiOp. NMFS 
anticipated that changes required by the Comprehensive BiOp to protect 
endangered Steller sea lions would have a significant enough impact on 
proposed harvest specifications for the BSAI and GOA to require 
republication of the proposed specifications. To avoid the uncertainty 
and disruption to the fisheries that would have been caused by 
republishing proposed specifications, including a potential delay to 
the season because the Comprehensive BiOp was not due out until 
November 30, 2000, NMFS decided to use its authority to issue the final 
2001 specifications by emergency rule. NMFS anticipates that the normal 
procedure will be used to implement harvest specifications in the 
future.
    This emergency interim rule includes the following provisions for 
the BSAI and GOA: (1) Specifications of overfishing levels (OFL), 
acceptable biological catch (ABC), and total allowable catch (TAC) 
amounts for each groundfish species category; (2) apportionments of 
reserves; (3) allocations of the sablefish TAC to vessels using hook-
and-line and trawl gear; (4) apportionments of pollock TAC among 
regulatory areas, seasons, and allocations among different industry 
sectors including Bering Sea fishery cooperatives; (5) apportionments 
of Pacific cod TAC among regulatory areas, seasons, and allocations 
among different industry sectors; (6) apportionment of Atka mackerel in 
the BSAI among seasons, gear, and regulatory areas; (7) PSC limits; (8) 
fishery and seasonal apportionments of the Pacific halibut PSC limits; 
(9) fishery apportionments of other PSC limits in the BSAI; (10) 
Pacific halibut assumed discard mortality rates; (11) groundfish 
harvest and PSC limitations for AFA vessels; and (12) closures to 
directed fishing for specified groundfish targets. A discussion of each 
of these measures follows.
Acceptable Biological Catch (ABC) and TAC Specifications
    The final ABC levels are based on the best available scientific 
information, including projected biomass trends, information on assumed 
distribution of stock biomass, and revised technical methods used to 
calculate stock biomass. The FMPs specify the formulas, or tiers, to be 
used in computing ABCs and overfishing levels. The formulas applicable 
to a particular stock or stock complex are determined by the level of 
reliable information available to fishery scientists. This information 
is categorized into a successive series of six tiers.
    In December 2000, the Scientific and Statistical Committee (SSC), 
Advisory Panel (AP), and Council reviewed current biological 
information about the condition of groundfish stocks in the BSAI and 
GOA. This information was compiled by the Council's Plan Teams and is 
presented in the final 2001 SAFE reports for the BSAI and GOA 
groundfish fisheries, dated November 2000 (See ADDRESSES). The SAFE 
reports contain a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the BSAI and GOA 
ecosystem and the economic condition of groundfish fisheries off 
Alaska. From these data and analyses, the Plan Teams estimate an ABC 
for each species or species category.
    The Council considered the ecological, socioeconomic, and ecosystem 
information in the SAFE reports, recommendations from its SSC and AP, 
as well as public testimony when recommending ABCs and TACs at its 
December 2000 meeting. The Council also reviewed their recommended ABC 
and TAC recommendations at an emergency meeting during January 2001, 
relative to the emergency rule provisions for SSL protection measures.
    The final specifications are set forth in Tables 3 through 30 of 
this action. For 2001, the sum of TACs is 2 million mt in the BSAI and 
285,994 mt in the GOA.
Bering Sea and Aleutian Islands Management Area
    In December 2000, the SSC, AP, and Council reviewed the BSAI Plan 
Team's recommendations for OFL and ABC levels. Except for Bogoslof 
pollock, Atka mackerel and the ``other species'' category, the SSC, AP, 
and Council endorsed the Plan Team's ABC recommendations. Based on the 
best available information, the SSC recommended lower ABCs for Bogoslof 
pollock and the ``other species'' category and slightly higher ABCs for 
Atka mackerel than the Plan Team recommended. For Bogoslof pollock, the 
SSC recommended a lower ABC than the Plan Team by reducing the fishing 
mortality based on the ratio of the current biomass to a target biomass 
of about 2 million mt. For ``other species,''

[[Page 7284]]

the Plan Team recommended an ABC based on mean catch since 1977. The 
SSC disagreed with this approach and recommended using a Tier 5 
approach under the FMP. For Atka mackerel, the SSC adopted a slightly 
higher ABC than the Plan Team by increasing the fishing mortality rate. 
For all species, the AP endorsed the ABCs recommended by the SSC, and 
the Council adopted the AP's recommendations.
    The Council's TAC recommendations were based on the ABCs as 
adjusted for other biological and socioeconomic considerations, 
including maintaining the total TAC within the required OY range of 1.4 
million to 2.0 million mt. The Council adopted the AP's TAC 
recommendations with the exception of the ``other red rockfish.''
    Through 2000, the ``other red rockfish'' complex was comprised of 
northern, sharpchin, rougheye, and shortraker rockfish in the Bering 
Sea subarea. In the Aleutian Islands subarea, this complex was split 
out into two groups comprised of northern/sharpchin and rougheye/
shortraker rockfish. For 2001, the Council recommended species-specific 
BSAI OFLs and ABCs for each species in the ``other red rockfish'' 
complex to reduce the potential for one species to be fished 
disproportionately to its abundance and resulting overfishing concerns.
    For the non-CDQ fisheries, the Council recommended separate TACs 
for the Bering Sea and Aleutian Islands subareas for each of the four 
species in the other red rockfish complex. To further reduce the 
potential for differential harvesting, the Council recommended that 
these species be placed on bycatch only status in 2001. The Council 
also recommended that sharpchin rockfish, which were previously 
included in the ``other red rockfish'' complex, be moved into the other 
rockfish complex.
    NMFS agrees with these recommendations, but will not be able to 
implement all of them in 2001 due to unanticipated monitoring 
constraints in the fixed gear fisheries. These species are reported by 
observers using group species codes, which, under current observer 
procedures, cannot be separated into specific species and incorporated 
into routine observer reports prior to the 2001 fishing year. Thus NMFS 
is modifying the Council's recommendation and is establishing BSAI wide 
OFL and ABC amounts for sharpchin/northern and rougheye/shortraker 
rockfish. The Bering Sea subarea now will be managed as the Aleutian 
Islands subarea has in the past, with two groups: Sharpchin/northern 
rockfish and shortraker/rougheye rockfish. Splitting the Bering Sea 
subarea ``other red rockfish'' complex into two groups addresses 
overfishing concern by decreasing the TAC amounts. To remain consistent 
with previous years' management, until species specific reporting is 
feasible, sharpchin rockfish will remain in a group with northern 
rockfish instead of being placed in the other rockfish group. The final 
ABCs as recommended by the Council and modified and approved by NMFS 
are listed in Table 3.
    The Council recommended that the Bering Sea ``other red rockfish'' 
species category not be separated into individual species groups for 
the CDQ fisheries. The CDQ reserves for rockfish are 7.5 percent of the 
TAC. If CDQ reserves were specified for the new rockfish TAC 
categories, they would be 1.4 mt for Bering Sea sharpchin/northern and 
8.7 mt for Bering Sea shortraker/rougheye. If these CDQ reserves were 
further divided among the six CDQ groups, the sharpchin/northern 
rockfish CDQ amounts available to each group would be between 100 kg 
and 325 kg. The Council recommended not splitting out the CDQ reserves 
to the individual species group because these small quotas could 
prevent the CDQ groups from harvesting much of their other groundfish 
CDQs. Therefore, consistent with Council intent to avoid premature 
closure of the CDQ fisheries, NMFS will continue to specify the CDQ 
reserve for the Bering Sea ``other red rockfish'' complex. The CDQ 
reserve for this complex will be calculated as the sum of an amount 
equal to 7.5 percent of the TAC for Bering Sea shortraker/rougheye plus 
7.5 percent of the TAC for sharpchin/northern, for a total of 10 mt to 
the CDQ reserve for the ``other red rockfish'' complex. The Aleutian 
Islands rockfish TAC categories will remain the same in 2001 as in 2000 
for both the CDQ and non-CDQ fisheries.
    None of the Council's recommended TACs for 2001 exceeds the final 
ABC for any species category. NMFS finds that the Council's recommended 
TACs are consistent with the biological condition of groundfish stocks 
as described in the 2001 SAFE document and approves them with the 
exception of the ``other red rockfish'' complex. NMFS has modified the 
Council's TAC recommendations for this complex as described above to 
accommodate monitoring and reporting constraints.
    Table 3 lists the 2001 OFL, ABC, TAC, ITAC, and Community 
Development Quota (CDQ) reserve amounts, overfishing levels, and 
initial apportionments of groundfish in the BSAI. The apportionment of 
TAC amounts among fisheries and seasons is discussed below.

 Table 3.--2001 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial Tac (ITAC), CDQ Reserve
     Allocation, and Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area (BSAI) \1\
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                 Overfishing                                             CDQ
           Species                   Area           level         ABC          TAC        ITAC \2\   reserve \3\
----------------------------------------------------------------------------------------------------------------
Pollock \4\..................  Bering Sea (BS).    3,536,000    1,842,000    1,400,000    1,209,600      140,000
                               Aleutian Islands       31,700       23,800        2,000        1,800          200
                                (AI).
                               Bogoslof               60,200        8,470        1,000          900          100
                                District.
Pacific cod..................  BSAI............      248,000      188,000      188,000      159,800       14,100
Sablefish \5\................  BS..............        1,910        1,560        1,560          663          215
                               AI..............        3,070        2,500        2,500          531          422
Atka mackerel................  Total...........      138,000       69,300       69,300       58,905        5,198
                               Western AI......  ...........       27,900       27,900       23,715        2,093
                               Central AI......  ...........       33,600       33,600       28,560        2,520
                               Eastern AI/BS...  ...........        7,800        7,800        6,630          585
Yellowfin sole...............  BSAI............      209,000      176,000      113,000       96,050        8,475
Rock sole....................  BSAI............      271,000      228,000       75,000       63,750        5,625
Greenland turbot.............  Total...........       31,000        8,400        8,400        7,140          630
                               BS..............  ...........        5,628        5,628        4,784          422

[[Page 7285]]

 
                               AI..............  ...........        2,772        2,772        2,356          208
Arrowtooth flounder..........  BSAI............      141,500      117,000       22,011       18,709        1,651
Flathead sole................  BSAI............      102,000       84,000       40,000       34,000        3,000
Other flatfish \6\...........  BSAI............      147,000      122,000       28,000       23,800        2,100
Pacific ocean perch..........  BS..............        2,040        1,730        1,730        1,471          130
                               AI Total........       11,800       10,200       10,200        8,670          765
                               Western AI......  ...........        4,740        4,740        4,029          356
                               Central AI......  ...........        2,560        2,560        2,176          192
                               Eastern AI......  ...........        2,900        2,900        2,465          218
Sharpchin/Northern \7\.......  BSAI............        9,020        6,764        6,764        5,749  ...........
                               BS..............  ...........  ...........           19           16        (\7\)
                               AI..............  ...........  ...........        6,745        5,733          506
Shortraker/Rougheye \7\......  BSAI............        1,369        1,028        1,028          874
                               BS..............  ...........  ...........          116           99        (\7\)
                               AI..............  ...........  ...........          912          775           68
Other rockfish \8\...........  BS..............          482          361          361          307           27
                               AI..............          901          676          676          575           51
Squid........................  BSAI............        2,620        1,970        1,970        1,675          148
Other species \9\............  BSAI............       69,000       33,600       26,500       22,525        1,988
                                                ----------------------------------------------------------------
      Total....................................    4,836,812    2,927,359    2,000,000    1,717,494     185,400
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI)
  management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  specifications, the Bering Sea subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line or pot gear, 15 percent
  of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction
  of the reserve.
\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the
  TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants
  (see Sec.  679.31).
\4\ The AFA requires that 10 percent of the annual pollock TAC be allocated as a directed fishing allowance for
  the CDQ sector. NMFS then subtracts 4 percent of the remainder as an incidental catch allowance of pollock,
  which is not apportioned by season or area. The remainder is further allocated by sector as follows: inshore,
  50 percent; catcher/processor, 40 percent; and motherships, 10 percent. NMFS, under regulations at Sec.
  679.24(b)(4), prohibits nonpelagic trawl gear to engage in directed fishing for non-CDQ pollock in the BSAI.
\5\ The ITAC for sablefish reflected in Table 3 is for trawl gear only. Regulations at Sec.  679.20(b)(1) do not
  provide for the establishment of an ITAC for the hook-and-line or pot gear allocation for sablefish. Twenty
  percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the sablefish TAC
  allocated to trawl gear is reserved for use by CDQ participants (see Sec.  679.31(c)).
\6\ ``Other flatfish'' includes all flatfish species, except for Pacific halibut (a prohibited species),
  flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\7\ The CDQ reserves for shortraker, rougheye, sharpchin, and northern rockfish will continue to be managed as
  the ``other red rockfish'' complex for the BS. For 2001 the CDQ reserve is 10 mt.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin,
  northern, shortraker, and rougheye rockfish.
\9\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.  679.2, are
  not included in the ``other species'' category.

Reserves and the Pollock Incidental Catch Allowance (ICA)
    Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for the hook-and-
line and pot gear allocation of sablefish, be placed in a non-specified 
reserve. The AFA supersedes this provision for pollock by requiring 
that the 2001 TAC for this species be fully allocated among the CDQ 
program, the ICA, inshore, catcher/processor, and mothership directed 
fishery allowances.
    Regulations at Sec. 679.20(b)(1)(iii) require that one-half of each 
TAC amount placed in the non-specified reserve be allocated to the 
groundfish CDQ reserve and that 20 percent of the hook-and-line and pot 
gear allocation of sablefish be allocated to the fixed gear sablefish 
CDQ reserve. Section 206(a) of the AFA requires that 10 percent of the 
pollock TAC be allocated to the pollock CDQ reserve. With the exception 
of the hook-and-line and pot gear sablefish CDQ reserve, the 
regulations do not further apportion the CDQ reserves by gear. 
Regulations at Sec. 679.21(e)(1)(i) also require that 7.5 percent of 
each PSC limit, with the exception of herring, be withheld as a 
prohibited species quota (PSQ) reserve for the CDQ fisheries. 
Regulations governing the management of the CDQ and PSQ reserves are 
set forth at Secs. 679.30 and 679.31.
    Under section 206(b) of the AFA, NMFS allocates a pollock ICA of 4 
percent of the pollock TAC after subtraction of the 10 percent CDQ 
reserve. This is a reduction from the 5 percent ICA specified for 2000. 
The 2001 allowance is based on an examination of the incidental catch 
of pollock in non-pollock target fisheries from 1997 through 2000. 
During this 4-year period, the incidental catch of pollock ranged from 
a low of 3 percent in 1998 to a high of about 6 percent in 1997, with a 
4-year average of 4 percent. In 2000, the actual incidental catch was 
only 4 percent of the TAC instead of the 5 percent ICA withheld at the 
beginning of the year. As a result, 9,000 mt of pollock were 
reallocated to the directed fishing allowance for non-CDQ fisheries in 
the fall (65 FR 62646, October 19, 2000). Based on this experience, 
NMFS believes that a 2001 ICA of 4 percent is sufficient, even if 
incidental catch of pollock in the Pacific cod fishery increases under 
SSL protection measures (see Pacific cod seasons below).
    The regulations do not designate the remainder of the non-specified 
reserve

[[Page 7286]]

by species or species group, and any amount of the reserve may be 
reapportioned to a target species or to the ``other species'' category 
during the year, providing that such reapportionments do not result in 
overfishing. The Regional Administrator has determined that the ITACs 
specified for the species listed in Table 4 need to be supplemented 
from the non-specified reserve because U.S. fishing vessels have 
demonstrated the capacity to harvest the full TAC allocations. 
Therefore, in accordance with Sec. 679.20(b)(3), NMFS is apportioning 
the amounts shown in Table 4 from the non-specified reserve to increase 
the ITAC to an amount that is equal to TAC minus the CDQ reserve.

         Table 4.--Apportionment of Reserves to ITAC Categories
                    [All amounts are in metric tons]
------------------------------------------------------------------------
                                                  Reserve
           Species--area or subarea                amount     Final ITAC
------------------------------------------------------------------------
Atka mackerel--Western Aleutian District......        2,093       25,808
Atka mackerel--Central Aleutian District......        2,520       31,080
Atka mackerel--Eastern Aleutian District and            585        7,215
 Bering Sea subarea...........................
Pacific ocean perch--Western Aleutian District          356        4,385
Pacific ocean perch--Central Aleutian District          192        2,368
Pacific ocean perch--Eastern Aleutian District          218        2,683
Pacific cod--BSAI.............................       14,100      173,900
Sharpchin/Northern rockfish-Aleutian Islands            506        6,239
 subarea......................................
Shortraker/Rougheye rockfish--Aleutian Islands           68          843
 subarea......................................
Greenland turbot--Bering Sea subarea..........          422        5,206
Greenland turbot--Aleutian Islands subarea....          208        2,564
                                               -------------------------
      Total...................................       21,268      262,291
------------------------------------------------------------------------

Pollock Allocations Under the AFA
    Section 206(a) of the AFA requires the allocation of 10 percent of 
the BSAI pollock TAC as a directed fishing allowance to the CDQ 
program. The remainder of the BSAI pollock TAC, after the subtraction 
of an allowance for the incidental catch of pollock by vessels, 
including CDQ vessels, harvesting other groundfish species, must be 
allocated as follows: 50 percent to catcher vessels harvesting pollock 
for processing by the inshore component, 40 percent to catcher/
processors and catcher vessels harvesting pollock for processing by 
catcher/processors in the offshore component, and 10 percent to catcher 
vessels harvesting pollock for processing by motherships in the 
offshore component. These amounts are listed in Table 5.
    The AFA also contains several specific requirements concerning 
pollock and pollock allocations. First, paragraph 210(c) of the AFA 
requires that not less than 8.5 percent of the pollock allocated to 
vessels for processing by offshore catcher/processors be available for 
harvest by offshore catcher vessels listed in section 208(b) harvesting 
pollock for processing by offshore catcher/processors listed in 
paragraph 208(e). Second, paragraph 208(e)(21) of the AFA specifies 
that catcher/processors eligible to fish for pollock under such 
paragraph are prohibited from harvesting in the aggregate a total of 
more than one-half of a percent (0.5 percent) of the pollock allocated 
to vessels for processing by offshore catcher/processors. Third, 
paragraph 210(e)(1) of the AFA specifies that no particular individual, 
corporation, or other entity may harvest, through a fishery cooperative 
or otherwise, a total of more than 17.5 percent of the pollock 
available to be harvested in the directed pollock fishery. Other 
provisions of the AFA, including inshore pollock cooperative 
allocations and AFA catcher vessel harvest limitations are discussed 
later in this section. Table 5 lists the 2001 allocations of pollock 
TAC as described by the AFA.
SCA Harvest Limits
    As described in Part I, this emergency rule establishes pollock 
harvest limits in the SCA at a level that do not exceed the harvest in 
metric tons authorized for the 2000 fishery. These amounts, by sector, 
are listed in Table 5.

      Table 5.--Allocations of the Pollock TAC and Directed Fishing Allowance to the Inshore, Catcher/Processor, Mothership, and CDQ Components \1\
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        A/B Season \1\                         C/D Season 1 2
                                                                           -----------------------------------------------------------------------------
                       Area and Sector                           2001 DFA                A SCA limit  B SCA Limit               C SCA Limit  D SCA Limit
                                                                              A/B DFA        \3\          \3\        C/D DFA        \3\          \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea...........................................    1,400,000      560,000      166,751       55,497      840,000       48,210       80,142
    CDQ......................................................      140,000       56,000       28,247        9,339       84,000        9,567       15,718
    ICA \4\..................................................       50,400  ...........  ...........  ...........  ...........  ...........  ...........
    AFA Inshore..............................................      604,800      241,920       81,802       27,267      362,880       39,440       65,734
    AFA C/Ps \5\.............................................      483,840      193,536       38,564       12,854      290,304            0            0
        Catch by C/Ps........................................      442,714      177,085  ...........  ...........      265,628  ...........  ...........
        Catch by CVs \5\.....................................       41,126       16,451  ...........  ...........       24,676  ...........  ...........
        Restricted C/P cap \6\...............................        2,419          968  ...........  ...........        1,452  ...........  ...........
    AFA Motherships..........................................      120,960       48,384       14,607        4,869       72,576            0            0
    Excessive shares cap \7\.................................      211,680  ...........  ...........  ...........  ...........  ...........  ...........
Aleutian Islands ICA \8\.....................................        2,000  ...........  ...........  ...........  ...........  ...........  ...........

[[Page 7287]]

 
Bogoslof District ICA \8\....................................        1,000  ...........  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as follows: inshore component--50 percent,
  catcher/processor component--40 percent, and mothership component--10 percent. Under paragraph 206(a) of the AFA, the CDQ reserve for pollock is 10
  percent. NMFS, under regulations at Sec.  679.24(b)(4), prohibits nonpelagic trawl gear to engage in directed fishing for non-CDQ pollock in the BSAI.
  The A/B season, January 20--June 10, is allocated 40 percent and the C/D season, June 10--October 31 is allocated 60 percent.
\2\ This emergency interim rule expires on July 17, 2001, before the B season will conclude. Therefore, the B season is not fully authorized unless the
  emergency interim rule is extended.
\3\ The SCA limits are established as the amount, in metric tons, authorized for the 2000 pollock fishery (65 FR 3896, January 25, 2000).
\4\ The pollock incidental catch allowance for the BS subarea is 4 percent of the TAC after subtraction of the CDQ reserve.
\5\ Subsection 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors (C/Ps)
  shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors.
\6\ The AFA requires that vessels described in section 208(e)(21) be prohibited from exceeding a harvest amount of one-half of one percent of the
  directed fishing allowance allocated to vessels for processing by AFA catcher/processors.
\7\ Paragraph 210(e)(1) of the AFA specifies that ``No particular individual, corporation, or other entity may harvest, through a fishery cooperative or
  otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery.''
\8\ Consistent with the RPAs, the Aleutian Islands subarea and the Bogoslof District are closed to directed fishing for pollock. The amounts specified
  are for incidental catch amounts only, and are not apportioned by season or sector.

Allocation of the Atka Mackerel TAC
    Due to concerns about the potential impact of the Atka mackerel 
fishery on Steller sea lions and their critical habitat, NMFS issued 
regulations that implement temporal and spatial dispersion of fishing 
effort in the Atka mackerel fisheries. Regulations at 
Sec. 679.20(a)(8)(ii) apportion the Atka mackerel ITAC into two equal 
seasonal allowances. After subtraction of the jig gear allocation, the 
first allowance is made available for directed fishing from January 1 
to April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season) (Table 6). 
According to Sec. 679.22(a)(8), fishing with trawl gear in areas 
defined as Steller sea lion critical habitat (See Table 21 to 50 CFR 
part 679) within the Western and Central Aleutian Districts, is 
prohibited during each Atka mackerel season after specified percentages 
of the TAC are harvested within designated critical habitat areas. In 
2001, the specified percentage of each seasonal allowance within 
critical habitat is 48 percent in the Western Aleutian District and 46 
percent in the Central Aleutian District (Sec. 679.22(a)(8)(iii)(B)). A 
Steller sea lion critical habitat closure to fishing with trawl gear 
within an area will remain in effect until NMFS closes Atka mackerel to 
directed fishing within the same area. The regulations do not establish 
critical habitat closures based on Atka mackerel catch percentages 
inside critical habitat areas for the Eastern Aleutian District and 
Bering Sea subarea.
    Under Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian 
District and the Bering Sea subarea Atka mackerel ITAC may be allocated 
to the jig gear fleet. The Council determines the amount of this 
allocation annually, based on several criteria including the 
anticipated harvest capacity of the jig gear fleet. In December 2000, 
the Council recommended that 1 percent of the Atka mackerel TAC in the 
Eastern Aleutian District and Bering Sea subarea be allocated to the 
jig gear fleet based on historic harvest capacity of the fleet. NMFS 
finds that this is consistent with the status of the stock and with the 
regulatory framework stated above. Based on an ITAC of 7,215 mt, the 
jig gear allocation is 72 mt.

                        Table 6.--Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  Seasonal apportionment \2\
                                                                                                     ---------------------------------------------------
                     Subarea & component                           TAC          CDQ        TACI \1\         A season \3\              B Season \4\
                                                                              reserve                ---------------------------------------------------
                                                                                                         Total       CH Limit      Total       CH limit
-----------------------------------------------------------------------------------------------------------------------\5\-----------------------\5\----
Western Aleutian District....................................       27,900        2,093       25,808       12,904        6,194       12,904        6,194
Central Aleutian District....................................       33,600        2,520       31,080       15,540        7,148       15,540        7,148
Eastern AI/BS subarea \6\....................................        7,800          585        7,215  ...........  ...........  ...........  ...........
    Jig (1%) \7\.............................................  ...........  ...........           72
    Other gear (99%).........................................  ...........  ...........        7,143        3,572  ...........        3,572  ...........
                                                              ------------------------------------------------------------------------------------------
      Total..................................................       69,300        5,198       64,103       32,016  ...........       32,016  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The reserves have been released for Atka mackerel see (Table 4).
\2\ The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.
\3\ The A season is January 1 through noon April 15.
\4\ The B season is September 1 through noon November 1.

[[Page 7288]]

 
\5\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (50 CFR part
  679 Table 21). In 2001, the percentage of each seasonal allowance available for fishing inside critical habitat is 48 percent in the Western AI and 46
  percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling until NMFS closes
  Atka mackerel to directed fishing within the same district.
\6\ Eastern Aleutian District and Bering Sea subarea.
\7\ Regulations at Sec.  679.20 (a)(8) require that up to 2 percent of the Eastern AI/BS area ITAC be allocated to the jig gear fleet. The amount of
  this allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the jig gear fleet. The jig gear allocation is
  not apportioned by season.

Allocation of the Pacific Cod TAC
    Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. Under 
Sec. 679.20(a)(7)(i)(B), the portion of the Pacific cod TAC allocated 
to trawl gear is further allocated 50 percent to catcher vessels and 50 
percent to catcher/processors. Under regulations at 
Sec. 679.20(a)(7)(i)(C)(1), a portion of the Pacific cod allocated to 
hook-and-line or pot gear is set aside as an ICA of Pacific cod in 
directed fisheries for groundfish other than Pacific cod by vessels 
using these gear types. Based on anticipated bycatch in these 
fisheries, the Council proposed an ICA of 500 mt. The remainder of 
Pacific cod is further allocated to vessels using hook-and-line or pot 
gear as the following directed fishing allowances: 80 percent to hook-
and-line catcher/processor vessels, 0.3 percent to hook-and-line 
catcher vessels, 18.3 percent to pot gear vessels, and 1.4 percent to 
catcher vessels under 60 feet LOA using hook-and-line or pot gear.
    Due to concerns about the potential impact of the Pacific cod 
fishery on Steller sea lions and their critical habitat, NMFS is 
implementing under this emergency rule temporal dispersion of fishing 
effort in the Pacific cod fisheries by apportioning the Pacific cod 
ITAC into two seasonal allowances. The first allowance, 60 percent of 
the ITAC, is made available for directed fishing from January 1 to June 
10, and the second seasonal allowance, 40 percent of the ITAC, is made 
available from June 10 to December 31. Table 7 lists the 2001 
allocations and seasonal apportionments of the Pacific cod ITAC.

               Table 7.--2001 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
----------------------------------------------------------------------------------------------------------------
                                                                            Seasonal apportionment \2\
              Gear sector                 Percent     Share \1\  -----------------------------------------------
                                                         (mt)                    Date                Amount (mt)
----------------------------------------------------------------------------------------------------------------
Jig...................................            2        3,478  Jan 1-Jun 10.....................        2,087
                                        ...........  ...........  Jun 10-Dec 31....................        1,391
Total hook-and-line and pot gear                 51       88,689  .................................  ...........
 allocation of Pacific cod TAC.
Hook-and-line Catcher Processors......           80       70,551  Jan 1-Jun 10.....................       42,331
                                        ...........  ...........  Jun 10-Dec 31....................       28,220
Hook-and-Line Catcher Vessels.........          0.3          265  Jan 1-Jun 10.....................          159
                                        ...........  ...........  Jun 10-Dec 31....................          106
Pot Gear Vessels......................         18.3       16,139  Jan 1-Jun 10.....................        9,683
                                        ...........  ...........  Jun 10-Dec 31....................        6,455
Catcher Vessels  60 feet LOA using              1.4        1,235  Jan 1-Jun 10.....................          741
 Hook-and-line or Pot gear.
                                        ...........  ...........  Jun 10-Dec 31....................          494
Hook-and-line and pot gear sub-total..          100       88,189  .................................  ...........
Hook-and-line and pot gear Incidental   ...........          500  .................................          500
 Catch Allowance.
Trawl gear............................           47       81,733  .................................  ...........
Catcher Vessel........................           50       40,867  Jan 1-Jun 10.....................       24,520
                                        ...........  ...........  Jun 10-Dec 31....................       16,347
Catcher Processor.....................           50       40,867  Jan 1-Jun 10.....................       24,520
                                        ...........  ...........  Jun 10-Dec 31....................       16,347
                                       -------------------------------------------------------------------------
      Total...........................  ...........      173,900  .................................  ...........
----------------------------------------------------------------------------------------------------------------
\1\ The reserve have been released for Pacific cod see (Table 4).
\2\ The first season is allocated 60 percent of the TAC and the second season is allocated 40 percent of the
  TAC. Any unused portion of the first seasonal Pacific cod allowance will be reapportioned to the second
  seasonal allowance.

Allocation of the Shortraker and Rougheye Rockfish TAC
    Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and 
rougheye rockfish specified for the Aleutian Islands subarea is 
allocated 30 percent to vessels using non-trawl gear and 70 percent to 
vessels using trawl gear. Based on a 2001 ITAC of 843 mt, the trawl 
allocation is 590 mt and the non-trawl allocation is 253 mt.
Sablefish Gear Allocation
    Regulations at Sec. 679.20(a)(4) (iii) and (iv) require that 
sablefish TACs for the BS and AI subareas be allocated between trawl 
and hook-and-line or pot gear. Gear allocations of TACs for the Bering 
Sea subarea are 50 percent for trawl gear and 50 percent for hook-and-
line or pot gear and for the Aleutian Islands subarea are 25 percent 
for trawl gear and 75 percent for hook-and-line or pot gear. 
Regulations at Sec. 679.20(b)(1)(iii)(B) require that 20 percent of the 
hook-and-line and pot gear allocation of sablefish be reserved as 
sablefish CDQ. Additionally, regulations at Sec. 679.20(b)(1)(iii)(A) 
require that 7.5 percent of the trawl gear allocation of sablefish (one 
half of the reserve) be reserved as groundfish CDQ. Gear allocations of 
the sablefish TAC and CDQ reserve amounts are specified in Table 8.

[[Page 7289]]



                           Table 8.--Gear Shares and CDQ Reserve of BSAI Sablefish TAC
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of                    CDQ
                       Subarea & gear                             TAC          TAC        ITAC \1\     reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \2\...............................................           50          780          663           59
    Hook-&-line/pot gear \3\................................           50          780          N/A          156
                                                             ---------------------------------------------------
      Total.................................................          100        1,560          663          215
                                                             ===================================================
Aleutian Islands:
    Trawl \2\...............................................           25          625          531           47
    Hook-&-line/pot gear \3\................................           75        1,875          N/A          375
                                                             ---------------------------------------------------
      Total.................................................          100        2,500          531         422
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
  The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
  percent of the specified TAC) is reserved for the multi-species CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants. Regulations in Sec.  679.20(b)(1) do not provide for
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.

Allocation of Prohibited Species Catch (PSC) Limits for Halibut, Crab, 
Salmon, and Herring
    PSC limits for halibut are set in regulations at Sec. 679.21(e). 
For the BSAI trawl fisheries, the limit is 3,675 mt mortality of 
Pacific halibut. For non-trawl fisheries, the limit is 900 mt 
mortality. PSC limits for crab and herring are specified annually based 
on abundance and spawning biomass. On June 15, 2000, the Pacific 
halibut and crab PSC limits and associated bycatch allowances for the 
BSAI trawl fisheries were reduced under regulations implementing 
Amendment 57 to the FMP for the Groundfish Fishery of the BSAI. 
Amendment 57 (65 FR 31105, May 16, 2000) prohibits the use of 
nonpelagic trawl gear in the BSAI directed fishery for pollock. The 
anticipated reductions in the halibut and crab bycatch resulted in 
corresponding reductions in the PSC limits for these species. New 
Chinook Salmon PSC limits were established for the BSAI pollock fishery 
under Amendment 58 and its implementing regulations at 
Sec. 679.21(e)(1)(vii). These PSC limits are reduced annually over the 
next 4 year period. In 2001, the chinook salmon PSC limit for the 
pollock fishery is 41,000 fish.
    The criteria for determining the PSC limits for red king crab in 
Zone 1 are set forth at Sec. 679.21(e)(1)(ii). For 2001, the PSC limit 
of red king crab in Zone 1 for trawl vessels is 97,000 animals. The 
number of mature female red king crab is estimated in 2001 to be above 
the threshold of 8.4 million animals, and the effective spawning 
biomass is estimated to be 39.9 million lb (18,099 mt) which is greater 
than 14.5 million lb (6,577 mt) but less than 55 million lb (24,948 
mt). Based on the criteria set out at Sec. 679.21(e)(1)(ii)(B), the 
limit is 97,000 animals.
    The criteria for determining the PSC limits for C. bairdi crabs are 
set forth in Sec. 679.21(e)(1)(iii). The 2001 C. bairdi PSC limit for 
trawl gear is 730,000 animals in Zone 1 and 2,070,000 animals in Zone 
2. These limits are based on survey data from 2000. In Zone 1, C. 
bairdi abundance was estimated to be greater than 150 million and less 
than 270 million animals. In Zone 2, C. bairdi abundance was estimated 
to be greater than 175 million animals and less than 290 million 
animals.
    Under Sec. 679.21(e)(1)(iv), the PSC limit for C. opilio is based 
on total abundance as indicated by the NMFS annual bottom trawl survey. 
The C. opilio PSC limit is set at 0.1133 percent of the Bering Sea 
abundance index. Based on the 2000 survey estimate of 3.2 billion 
animals, the calculated limit would be 3,625,600 animals. Because this 
limit is less than 4.5 million, under Sec. 679.21(e)(1)(iv)(B), the 
2001 C. opilio PSC limit is 4,350,000 animals.
    Under Sec. 679.21(e)(1)(vi), the PSC limit of Pacific herring 
caught while conducting any trawl operation for groundfish in the BSAI 
is 1 percent of the annual eastern Bering Sea herring biomass. NMFS' 
best estimate of 2001 herring biomass is 152,574 mt. This amount was 
derived using 2000 survey data and an age-structured biomass projection 
model developed by the Alaska Department of Fish and Game (ADF&G). 
Therefore, the herring PSC limit for 2001 is 1,526 mt.
    Under Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit specified 
for crab and halibut is reserved as a PSQ reserve for use by the 
groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require the 
apportionment of each trawl PSC limit into PSC bycatch allowances for 
seven specified fishery categories. Regulations at 
Sec. 679.21(e)(4)(ii) authorize the apportionment of the non-trawl 
halibut PSC limit among five fishery categories. The fishery bycatch 
allowances for the trawl and non-trawl fisheries are listed in Table 9. 
These amounts are unchanged from those recommended by the Council at 
its December 2000 meeting.
    Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an annual red king crab bycatch limit for the 
Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS 
to 35 percent of the trawl bycatch allowance specified for the rock 
sole/flathead sole/ ``other flatfish'' fishery category and must be 
based on the need to optimize the groundfish harvest relative to red 
king crab bycatch. The Council recommended and NMFS approves a red king 
crab bycatch limit equal to 35 percent of the trawl bycatch allowance 
specified for the flatfish fishery within the RKCSS in order maximum 
harvest of groundfish relative to red king crab bycatch.
    Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, NMFS, after consultation with the Council, is exempting pot 
gear, jig gear, and the sablefish IFQ hook-and-line gear fishery 
categories from halibut bycatch restrictions because these fisheries 
use selective gear types that take few halibut compared to other gear 
types such as nonpelagic trawl. In 2000, total

[[Page 7290]]

groundfish catch for the pot gear fishery in the BSAI was approximately 
19,872 mt with an associated halibut bycatch mortality of about 4 mt. 
The 2000 groundfish jig gear fishery harvested about 72 mt of 
groundfish. Most vessels in the jig gear fleet are less than 60 ft 
(18.3 m) LOA and are exempt from observer coverage requirements. As a 
result, observer data are not available on halibut bycatch in the jig 
gear fishery. However, NMFS assumes a negligible amount of halibut 
bycatch mortality because of the selective nature of this gear type and 
the likelihood that halibut caught with jig gear have a high survival 
rate when released.
    As in past years, the Council recommended that the sablefish IFQ 
fishery be exempt from halibut bycatch restrictions because of the 
sablefish and halibut IFQ program (subpart D of 50 CFR part 679). The 
sablefish IFQ program requires legal-sized halibut to be retained by 
vessels using hook-and-line gear if a halibut IFQ permit holder is 
aboard and is holding unused halibut IFQ. This action results in less 
halibut discard in the sablefish fishery. In 1995, about 36 mt of 
halibut discard mortality was estimated for the sablefish IFQ fishery. 
A similar estimate for 1996 through 2000 has not been calculated, but 
NMFS has no information indicating that it would be significantly 
different. NMFS approves the Council's recommendation to exempt the 
hook-and-line sablefish from halibut bycatch restrictions.
    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of PSC amounts 
in order to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors to be considered 
are: (1) Seasonal distribution of prohibited species, (2) seasonal 
distribution of target groundfish species, (3) PSC bycatch needs on a 
seasonal basis relevant to prohibited species biomass, (4) expected 
variations in bycatch rates throughout the year, (5) expected start of 
fishing effort, and (6) economic effects of seasonal PSC apportionments 
on industry sectors. In December 2000, the Council's AP recommended 
seasonal PSC apportionments in order to maximize harvest among gear 
types, fisheries, and seasons while minimizing bycatch of PSC based 
upon the criteria above. NMFS approves the PSC apportionments specified 
in Table 9, below. However, NMFS recognizes that the Council did not 
have the opportunity in December 2000, to evaluate the effects of SSL 
protection measures implemented by this emergency rule on PSC bycatch 
needs throughout the year with respect to factors listed above. After 
consulting with the Council at its emergency January 2001 meeting, NMFS 
will consider amending PSC seasonal apportionments and amounts.

         Table 9.--Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries \1\
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                             Prohibited species and zone
                                   -----------------------------------------------------------------------------
                                                                Red King                   C. bairdi (animals)
                                      Halibut      Herring        Crab      C. opilio  -------------------------
                                     mortality    (mt) BSAI    (animals)    (animals)
                                     (mt) BSAI                   Zone 1     COBLZ \2\      Zone 1       Zone 2
----------------------------------------------------------------------------------------------------------------
          TRAWL FISHERIES
 
Yellowfin sole....................          911          139       11,664    2,876,981      253,894    1,246,502
    January 20-March 31...........          286  ...........  ...........  ...........  ...........  ...........
    April 1-May 20................          196  ...........  ...........  ...........  ...........  ...........
    May 21-July 3.................           49  ...........  ...........  ...........  ...........
    July 1-December 31............          380  ...........  ...........  ...........  ...........  ...........
Rocksole/oth.flat/flat sole \3\...          854           20       64,782      469,130      272,126      415,501
    January 20-March 31...........          498  ...........  ...........  ...........  ...........  ...........
    April 1-July 31...............          179  ...........  ...........  ...........  ...........  ...........
    July 1-December 31............          177  ...........  ...........  ...........  ...........  ...........
    RKC savings subarea \3\.......  ...........  ...........       22,674  ...........  ...........  ...........
Turbot/sablefish/arrowtooth \4\...  ...........            9  ...........       40,238  ...........  ...........
Rockfish (July 1-December 31) \5\.           69            7  ...........       40,237  ...........        7,658
Pacific cod.......................        1,334           20       11,664      524,736      136,400      225,941
Pollock/Atka/other \6\............          232          146        1,615       72,428       12,830       19,148
Midwater trawl pollock............  ...........        1,184  ...........  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
      Total Trawl PSC.............        3,400        1,526       89,725    4,023,750      675,250    1,914,750
                                   =============================================================================
        NON-TRAWL FISHERIES
 
Pacific cod--Total................          755  ...........  ...........  ...........  ...........  ...........
    Jan. 1-June 10 \7\............          300  ...........  ...........  ...........  ...........  ...........
    June 11-July 31...............            0  ...........  ...........  ...........  ...........  ...........
    August 1-Dec. 31..............          455  ...........  ...........  ...........  ...........  ...........
Other non-trawl-Total.............           78  ...........  ...........  ...........  ...........  ...........
    May 1-December 31.............           78  ...........  ...........  ...........  ...........  ...........
Groundfish pot & jig..............       Exempt  ...........  ...........  ...........  ...........  ...........
Sablefish hook-&-line.............       Exempt  ...........  ...........  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
      Total Non-Trawl.............          833  ...........  ...........  ...........  ...........  ...........
      PSQ Reserve \8\.............          342  ...........        7,275      326,250       54,750      155,250
                                   =============================================================================
      Grand Total.................        4,575        1,526       97,000    4,350,000      730,000   2,070,000
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.  679.2 for definitions of areas.
\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at 50 CFR part 679, fig. 13.

[[Page 7291]]

 
\3\ The Council at its December 2000 meeting limited red king crab for trawl fisheries within the RKCSS to 35
  percent of the total allocation to the rock sole, flathead sole, and other flatfish fishery category (Sec.
  679.21(e)(3)(ii)(B)).
\4\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\ The Council at its December 2000 meeting apportioned the rockfish PSC amounts from July 1-December 31, to
  prevent fishing for rockfish before July 1, 2001.
\6\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\7\ Any unused halibut PSC from the first trimester may be rolled over into the third trimester.
\8\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program
  as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season.

    To monitor halibut bycatch mortality allowances and apportionments, 
the Administrator, Alaska Region, NMFS (Regional Administrator), will 
use observed halibut bycatch rates, assumed mortality rates, and 
estimates of groundfish catch to project when a fishery's halibut 
bycatch mortality allowance or seasonal apportionment is reached. The 
Regional Administrator monitors a fishery's halibut bycatch mortality 
allowances using assumed mortality rates that are based on the best 
information available, including information contained in the annual 
SAFE reports.
    The Council recommended, and NMFS concurs, that the assumed halibut 
mortality rates developed by staff of the International Pacific Halibut 
Commission (IPHC) for the 2001 BSAI groundfish fisheries be adopted for 
purposes of monitoring halibut bycatch allowances established for 2001. 
Results from analysis of halibut release condition data for 1999 showed 
continued stability in halibut discard mortality rates (DMRs) for many 
fisheries. Plots of annual DMRs against the 10-year mean indicated 
little change since 1990 for some fisheries, particularly the major 
trawl fisheries. DMRs were more variable for the smaller fisheries 
which typically take minor amounts of halibut bycatch. A new procedure 
for determining Preseason Assumed DMRs was proposed by the IPHC and 
adopted by the Council, which included use of the long-term mean DMR 
for a 3-year period before revisions are proposed except for BSAI 
longline Pacific cod, for which the Council recommended setting annual 
DMRs. The IPHC will also continue to conduct annual analyses of 
observer data and recommend changes to the Preseason Assumed DMR where 
a fishery DMR shows large variation from the mean. The justification 
for these mortality rates is discussed in the final SAFE report dated 
November 2000.

     Table 10.--Assumed Pacific Halibut Mortality Rates for the BSAI
                                Fisheries
------------------------------------------------------------------------
                                                              Preseason
                                                               assumed
                          Fishery                             mortality
                                                              (percent )
------------------------------------------------------------------------
Hood-and-line gear fisheries:
  Rockfish.................................................           25
  Pacific cod..............................................           12
  Greenland turbot.........................................           18
  Sablefish................................................           22
  Other Species............................................           12
Trawl gear fisheries:
  Midwater pollock.........................................           84
  Non-pelagic pollock......................................           76
  Yellowfin sole...........................................           81
  Rock sole................................................           76
  Flathead sole............................................           67
  Other flatfish...........................................           71
  Rockfish.................................................           69
  Pacific cod..............................................           67
  Atka mackerel............................................           75
  Greenland turbot.........................................           70
  Sablefish................................................           50
  Other species............................................           67
Pot gear fisheries:
  Pacific cod..............................................            8
  Other species............................................            8
CDQ Trawl fisheries:
  Atka mackerel............................................           82
  Midwater pollock.........................................           90
  Non-pelagic pollock......................................           88
  Rockfish.................................................           88
  Yellowfin sole...........................................           83
CDQ Hood-and-line fisheries:
  Pacific cod..............................................           10
------------------------------------------------------------------------

Directed Fishing Closures
    In accordance with Sec. 679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category has been or will be 
reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group. If the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified subarea or district (Sec. 697.20(d)(1)(iii)). 
Similarly, under Sec. 679.21(e), if the Regional Administrator 
determines that a fishery category's bycatch allowance of halibut, red 
king crab, or C. bairdi Tanner crab for a specified area has been 
reached, the Regional Administrator will prohibit directed fishing for 
each species in that category in the specified area.
    The Regional Administrator has determined that the following 
remaining allocation amounts will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2001 fishing 
year:

------------------------------------------------------------------------
                                                                   (mt)
------------------------------------------------------------------------
Bogoslof District:
  Pollock......................................................    1,000
Aleutian Islands subarea:
  Pollock......................................................    2,000
  Sharpchin/northern rockfish..................................    6,239
  Shortraker/rougheye rockfish.................................      843
  ``Other rockfish''...........................................      575
Bering Sea subarea:
  Pacific ocean perch..........................................    1,471
  ``Other rockfish''...........................................      307
  Sharpchin/northern rockfish..................................       16
  Shortraker/rougheye rockfish.................................       99
------------------------------------------------------------------------

    Consequently, in accordance with Sec. 679.20(d)(1)(i), the Regional 
Administrator establishes the directed fishing allowances for the above 
species or species groups as zero.
    Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS 
immediately is prohibiting directed fishing for these species in the 
specified areas and these closures will remain in effect through 2400 
hrs, Alaska local time (A.l.t.), December 31, 2001, effective January 
18, 2001.
    In addition, the BSAI, Zone 1, annual red king crab allowance 
specified for the trawl rockfish fishery (Sec. 679.21(e)(3)(iv)(D)) is 
0 mt and the BSAI first seasonal halibut bycatch allowance specified 
for the trawl rockfish fishery is 0 mt. The BSAI annual halibut bycatch 
allowance specified for the trawl Greenland turbot/arrowtooth flounder/
sablefish fishery categories, (Sec. 679.21(e)(3)(iv)(C)) is 0 mt. 
Therefore, in accordance with Sec. 679.21(e)(7)(ii) and (v), NMFS is 
prohibiting directed fishing for rockfish by vessels using trawl gear 
in Zone 1 of the BSAI and directed fishing for Greenland turbot/
arrowtooth flounder/sablefish by vessels using trawl gear in the BSAI 
for the entire 2001 fishing year. NMFS is also prohibiting directed 
fishing for rockfish outside Zone 1 in the BSAI until 1200 hrs, A.l.t, 
July 1, 2001.

[[Page 7292]]

    While these closures are in effect, the maximum retainable bycatch 
amounts at Sec. 679.20(e) and (f) apply at any time during a fishing 
trip. These closures to directed fishing are in addition to closures 
and prohibitions found in regulations at 50 CFR part 679. Refer to 
Sec. 679.2 for definitions of areas. In the BSAI, ``Other rockfish'' 
includes Sebastes and Sebastolobus species except for Pacific ocean 
perch, shortraker, rougheye, sharpchin, and northern rockfish.
BS Subarea Inshore Pollock Allocations
    Under Sec. 679.20(a)(5)(i)(C), NMFS must subdivide the inshore 
allocation into allocations for cooperatives and vessels not fishing in 
a cooperative (i.e., the open access sector). In addition, under 
Sec. 679.22(a)(11)(iv), NMFS must establish harvest limits inside the 
Steller sea lion conservation area (SCA) and provide a set-aside so 
that catcher vessels less than or equal to 99 ft (30.2 m) LOA have the 
opportunity to operate entirely within the SCA during the A, B and D 
seasons. Accordingly, Table 11 lists the apportionment of the BS 
subarea inshore pollock allocation into allocations for vessels fishing 
in a cooperative and for vessels not participating in a cooperative and 
establishes a cooperative-sector SCA set-aside for AFA catcher vessels 
less than or equal to 99 ft (30.2 m) LOA. The SCA set-aside for sector 
catcher vessels less than or equal to 99 ft (30.2 m) LOA that are not 
participating in a cooperative will be established inseason based on 
actual participation levels and is not included in Table 11. These 
allocations may be revised based on any corrections to AFA vessels' 
catch history.

   Table 11.--Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors of the Inshore
                                                 Pollock Fishery
                                     [Amounts are expressed in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                   A season                               C season
                                     A/B season   inside SCA    B season    C/D season   inside SCA    D season
                                        TAC          \1\       inside SCA      TAC          \1\       inside SCA
----------------------------------------------------------------------------------------------------------------
Cooperative sector:
    Vessels > 99 ft...............          n/a       70,890       23,630          n/a          n/a       56,966
    Vessels  99 ft.....          n/a       10,593        3,531          n/a          n/a        8,512
      Total.......................      240,976       81,483       27,161      361,465       39,286       65,478
                                   -----------------------------------------------------------------------------
Open access sector................          944      \2\ 319      \2\ 106        1,415          154      \2\ 256
                                   -----------------------------------------------------------------------------
      Total inshore...............      241,920       81,802       27,267      362,880       39,440      65,734
----------------------------------------------------------------------------------------------------------------
\1\ Steller sea lion conservation area established at Sec.  679.22(a)(11)(iv).
\2\ SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will
  be established on an inseason basis in accordance with Sec.  679.22(a)(11)(iv)(D)( 2) which specifies that
  ``the Regional Administrator will prohibit directed fishing for pollock by vessels catching pollock for
  processing by the inshore component greater than 99 ft (30.2 m) LOA before reaching the inshore SCA harvest
  limit during the A, B and D seasons to accommodate fishing by vessels less than or equal to 99 ft (30.2 m)
  inside the SCA for the duration of the inshore seasonal opening.''

    Under Sec. 679.4, NMFS set out procedures for AFA inshore catcher 
vessel pollock cooperatives to apply for and receive cooperative 
fishing permits and inshore pollock allocations. NMFS received 
applications from seven inshore catcher vessel cooperatives. Table 12 
lists the pollock allocations to the seven inshore catcher vessel 
pollock cooperatives that have been approved and permitted by NMFS for 
the 2001 fishing year. Allocations for cooperatives and vessels not 
participating in cooperatives are not made for the AI subarea because 
the AI subarea has been closed to directed fishing for pollock. These 
allocations may be revised based on any corrections to AFA vessels' 
catch history.

                          Table 12.--Bering Sea Subarea Inshore Cooperative Allocations
----------------------------------------------------------------------------------------------------------------
                                                                   Sum of member   Percentage of
                                                                     vessel's     inshore sector   Annual co-op
               Cooperative name and member vessels                official catch    allocation      allocation
                                                                   histories \1\     (percent)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association:
    ALDEBARAN, ARCTURUS, BLUE FOX, CAPE KIWANDA, COLUMBIA,               265,244          29.889         180,769
     DOMINATOR, DONA MARTITA, EXODUS, GLADIATOR, GOLDEN DAWN,
     GOLDEN PISCES, HAZEL LORRAINE, INTREPID EXPLORER, LESLIE
     LEE, LISA MELINDA, MAJESTY, MARCY J, MARGARET LYN, NORDIC
     EXPLORER, NORTHERN PATRIOT, NORTHWEST EXPLORER, PACIFIC
     RAM, PACIFIC VIKING, PEGASUS, PEGGIE JO, PERSEVERANCE,
     PREDATOR, RAVEN, ROYAL AMERICAN, SEEKER, SOVEREIGNTY,
     TRAVELER, VIKING EXPLORER..................................
Arctic Enterprise Association:
    ARCTIC EXPLORER, BRISTOL EXPLORER, OCEAN EXPLORER, PACIFIC            50,008           5.635          34,080
     EXPLORER...................................................
Northern Victor Fleet Cooperative:
    ANITA J, NORDIC FURY, PACIFIC FURY, GOLDRUSH, EXCALIBUR II,           72,024           8.116          49,086
     HALF MOON BAY, SUNSET BAY, COMMODORE, STORM PETREL,
     POSEIDON, ROYAL ATLANTIC, MISS BERDIE......................
Peter Pan Fleet Cooperative:
    AMBER DAWN, AMERICAN BEAUTY, ELIZABETH F, OCEAN HOPE 1,               15,309           1.725          10,433
     OCEANIC, OCEAN LEADER, TOPAZ, WALTER N.....................

[[Page 7293]]

 
Unalaska Cooperative:
    ALASKA ROSE, BERING ROSE, DESTINATION, GREAT PACIFIC,                106,714          12.025          72,727
     MESSIAH, MORNING STAR, MS AMY, PROGRESS, SEA WOLF,
     VANGUARD, WESTERN DAWN.....................................
UniSea Fleet Cooperative:
    ALSEA, AMERICAN EAGLE, ARGOSY, AURIGA, AURORA, DEFENDER, GUN-        210,922          23.768         143,749
     MAR, NORDIC STAR, PACIFIC MONARCH, SEADAWN, STARFISH,
     STARLITE, STARWARD.........................................
Westward Fleet Cooperative:
    A.J., ALASKAN COMMAND, ALYESKA, ARCTIC WIND, CAITLIN ANN,            163,750          18.452         111,598
     CHELSEA K, HICKORY WIND, FIERCE ALLEGIANCE, OCEAN HOPE 3,
     PACIFIC CHALLENGER, PACIFIC KNIGHT, PACIFIC PRINCE, VIKING,
     WESTWARD I.................................................
Open access AFA vessels.........................................           3,463           0.390           2,359
                                                                 -----------------------------------------------
      Total inshore allocation..................................         887,435             100        604,800
----------------------------------------------------------------------------------------------------------------
\1\ Under 679.62(e)(1) the individual catch history for each vessel is equal to the vessel's best 2 of 3 years
  inshore pollock landings from 1995 through 1997 and includes landings to catcher/processors for vessels that
  made 500 or more mt of landings to catcher/processors from 1995 through 1997.

2001 Unrestricted AFA Catcher/Processor Sideboards
    Regulations at Sec. 679.63(a) establish a formula for setting AFA 
catcher/processor sideboard limits for non-pollock groundfish and PSC 
in the BSAI. The basis for these sideboard amounts was recommended by 
the Council and is described in detail in the Emergency Interim Rule to 
Implement Major Provisions of the AFA (64 FR 4520, January 28, 2000). 
The 2001 catcher/processor sideboards are set out in Table 13 below.
    All non-pollock groundfish that is harvested by unrestricted AFA 
catcher/processors, whether as targeted catch or bycatch, will be 
deducted from the harvest limits in Table 13. However, non-pollock 
groundfish that is delivered to listed catcher/processors by catcher 
vessels will not be deducted from the 2001 harvest limits for the 
listed catcher/processors.

                  Table 13.--2001 Unrestricted BSAI AFA Catcher/Processor Groundfish Sideboards
                                     [Amounts are expressed in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                               1995-1997                 2001 ITAC
                                                ---------------------------------------  available     2001 C/P
        Target species               Area                      Available                to trawl C/   sideboard
                                                 Total catch      TAC         Ratio          Ps         amount
----------------------------------------------------------------------------------------------------------------
Pacific cod trawl............  BSAI............       13,547       51,450        0.263       40,867       10,748
Sablefish trawl..............  BS..............            8        1,736        0.005          663            3
                               Al..............            1        1,135        0.001          531            1
Atka mackerel................  Western Al......  ...........  ...........  ...........  ...........  ...........
                               A season \1\....          n/a          n/a        0.200       12,904        2,581
                               CH limit \2\....  ...........  ...........  ...........  ...........        1,239
                               B season........          n/a          n/a        0.200       12,904        2,581
                               CH limit........  ...........  ...........  ...........  ...........        1,239
                               Central Al......  ...........  ...........  ...........  ...........  ...........
                               A season \1\....          n/a          n/a        0.115       15,540        1,787
                               CH limit........  ...........  ...........  ...........  ...........          882
                               B season........          n/a          n/a        0.115       15,540        1,787
                               CH limit........  ...........  ...........  ...........  ...........          882
Yellowfin sole...............  BSAI............      123,003      527,000        0.233       96,050       22,380
Rock sole....................  BSAI............       14,753      202,107        0.073       63,750        4,654
Greenland turbot.............  BS..............          168       16,911        0.010        5,206           52
                               Al..............           31        6,839        0.005        2,564           13
Arrowtooth flounder..........  BSAI............          788       36,873        0.021       18,709          393
Flathead sole................  BSAI............        3,030       87,975        0.034       34,000        1,156
Other flatfish...............  BSAI............       12,145       92,428        0.131       23,800        3,118
Pacific ocean perch..........  BS..............           58        5,760        0.010        1,471           15
                               Western Al......          356       12,440        0.029        4,385          127
                               Central Al......           95        6,195        0.015        2,368           36
                               Eastern Al......          112        6,265        0.018        2,683           48
Sharpchin/northern...........  BS..............  ...........  ...........        0.078           16  ...........
                               Al..............        1,034       13,254        0.078        6,239          487
Shortraker/rougheye..........  BS..............  ...........  ...........        0.024           99  ...........
                               Al..............           68        2,827        0.024          843           20
Other rockfish...............  BS..............           39        1,026        0.038          307           12
                               Al..............           95        1,924        0.049          575           28
Squid........................  BSAI............            7        3,670        0.002        1,675            3

[[Page 7294]]

 
Other species................  BSAI............        3,551       65,925        0.054       22,525       1,216
----------------------------------------------------------------------------------------------------------------
\1\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50
  percent in the B season. Unrestricted AFA catcher/processors are limited to harvesting no more than 20 and
  11.5 percent of the available TAC in the Western and Central Al subareas respectively. Unrestricted AFA
  catcher/processors are prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District and
  Bering Sea subarea (paragraph 211(b)(2)(C)).
\2\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for
  fishing inside critical habitat (50 CFR part 679 Table 21). In 2001, the percentage of TAC available for
  fishing inside critical habitat area is 48 percent in the Western Al and 46 percent in the Central A1. When
  these critical habitat allowances are reached, critical habitat areas will be closed to trawling until NMFS
  closes Atka mackerel to directed fishing within the same district.

    Regulations at Sec. 679.63(a)(2) establish a formula for PSC 
sideboards for unrestricted AFA catcher/processors. These amounts are 
equivalent to the percentage of prohibited species bycatch limits 
harvested in the non-pollock groundfish fisheries by the AFA catcher/
processors listed in subsection 208(e) and section 209 of the AFA from 
1995 through 1997. Prohibited species amounts harvested by these 
catcher/processors in BSAI non-pollock groundfish fisheries from 1995 
through 1997 are shown in Table 14. These data were used to calculate 
the relative amount of prohibited species catch limits harvested by 
pollock catcher/processors, which were then used to determine the 
prohibited species harvest limits for unrestricted AFA catcher/
processors in the 2001 non-pollock groundfish fisheries.
    PSC that is caught by unrestricted AFA catcher/processors 
participating in any non-pollock groundfish fishery listed in Table 13 
shall accrue against the 2001 PSC limits for the listed catcher/
processors. Regulations at Sec. 679.21(e)(3)(v) provide authority to 
close directed fishing for non-pollock groundfish for unrestricted AFA 
catcher/processors once a 2001 PSC limitation listed in Table 14 is 
reached.
    Crab or halibut PSC that is caught by unrestricted AFA catcher/
processors while fishing for pollock will accrue against the bycatch 
allowances annually specified for either the midwater pollock or the 
pollock/Atka mackerel/other species fishery categories under 
Sec. 679.21(e).

                              Table 14.--2001 Unrestricted BSAI AFA Catcher/Processor Prohibited Species Sideboard Amounts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    1995-1997                       2001 PSC
                  PSC species                   ------------------------------------------------  available to                2001 C/P limit
                                                    PSC catch       Total PSC         Ratio       trawl vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality..............................             955          11,325           0.084           3,400  286 mt.
Red king crab..................................           3,098         473,750           0.007          89,725  628 crab.
C. opilio......................................       2,323,731      15,139,178           0.153       4,023,750  615,634 crab.
C. bairdi:
    Zone 1.....................................         385,978       2,750,000           0.140         675,250  94,535 crab.
    Zone 2.....................................         406,860       8,100,000           0.050       1,914,750  95,738 crab.
--------------------------------------------------------------------------------------------------------------------------------------------------------

2001 AFA Catcher Vessel Sideboards
    Regulations at Sec. 679.63(b) establish a formula for setting AFA 
catcher vessel groundfish and PSC sideboard amounts for the BSAI. The 
basis for these sideboard amounts was recommended by the Council and is 
described in detail in the Emergency Interim Rule to Implement Major 
Provisions of the AFA (64 FR 4520, January 28, 2000). The 2001 AFA 
catcher vessel sideboards amounts are shown in Tables 15 and 16.
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or bycatch, will be deducted 
from the sideboard limits listed in Table 15.

                             Table 15.--2001 BSAI AFA Catcher Vessel (CV) Sideboards
                                     [Amounts are expressed in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                         Fishery by area/season/    1997 AFA CV    2001 initial    2001 catcher
                Species                      processor/gear       catch to 1995-        TAC           vessel
                                                                     1997 TAC                        sideboard
----------------------------------------------------------------------------------------------------------------
Pacific cod...........................  BSAI:
                                          jig gear:
                                            Jan 1-Jun 10                  0.0000           2,087               0
                                            Jun 10-Dec 31                 0.0000           1,391               0
                                          hook-and-line CV:
                                            Jan 1-Jun 10                  0.0006             159               0
                                            Jun 10-Dec 31                 0.0006             106               0
                                          Pot gear:
                                            Jan 1-Jun 10                  0.0006           9,683               6
                                            Jun 10-Dec 31                 0.0006           6,455               4

[[Page 7295]]

 
                                        CV  60 feet LOA using
                                         hook-and-line or pot
                                         gear:
                                            Jan 1-Jun 10                  0.0006             741               0
                                            Jun 10-Dec 31                 0.0006             494               0
                                          trawl gear:
                                            catcher vessel:
                                              Jan 1-Jun 10                0.7703          24,520          18,888
                                              Jun 10-Dec 31               0.7703          16,347          12,592
                                            catcher/processor:
                                              Jan 1-Jun 10                0.0000          24,520               0
                                              Jun 10-Dec 31               0.0000          16,347               0
Sablefish.............................  BS trawl gear...........          0.0006             663               0
                                        AI trawl gear                     0.0608             531              32
Atka mackerel.........................  Eastern AI/BS:
                                          jig gear                        0.0031              72               0
                                          other gear:
                                            Jan 1-Apr 15                  0.0031           3,572              11
                                            Sept 1-Nov 1                  0.0031           3,572              11
                                        Central AI:
                                          Jan-Apr 15                      0.0001          15,540               2
                                            inside CH                     0.0001           7,148               1
                                          Sept 1-Nov 1                    0.0001          15,540               2
                                            inside CH                     0.0001           7,148               1
                                        Western AI:
                                          Jan-Apr 15                      0.0000          12,904               0
                                            inside CH                     0.0000           6,194               0
                                          Sept 1-Nov 1                    0.0000          12,904               0
                                            inside CH                     0.0000           6,194               0
Yellowfin sole........................  BSAI....................          0.0712          96,050           6,839
Rock sole.............................  BSAI....................          0.0255          63,750           1,626
Greenland Turbot......................  BS......................          0.0405           5,206             211
                                        AI......................          0.0021           2,564               5
Arrowtooth flounder...................  BSAI....................          0.0583          18,709           1,091
Other flatfish........................  BSAI....................          0.0558          23,800           1,328
POP...................................  BS......................          0.1018           1,471             150
                                        Eastern AI..............          0.0048           2,683              13
                                        Central AI..............          0.0011           2,368               3
                                        Western AI..............          0.0000           4,385               0
Sharpchin/Northern....................  BS......................          0.0280              16               0
                                        AI......................          0.0015           6,239               9
Shortraker/Rougheye...................  BS......................          0.0280              99               3
                                        AI......................          0.0011             843               1
Other rockfish........................  BS......................          0.0379             307              12
                                        AI......................          0.0031             575               2
Squid.................................  BSAI....................          0.3885           1,675             651
Other species.........................  BSAI....................          0.0283          22,525             637
Flathead Sole.........................  BS trawl gear...........          0.0490          34,000           1,666
----------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 679.63(b) establish a formula for PSC 
sideboards for AFA catcher vessels. The AFA catcher vessel PSC bycatch 
limit for halibut in the BSAI, and each crab species in the BSAI for 
which a trawl bycatch limit has been established as a percentage of the 
PSC limit equal to the ratio of aggregate retained groundfish catch by 
AFA catcher vessels in each PSC target category from 1995 through 1997 
relative to the retained catch of all vessels in that fishery from 1995 
through 1997. These amounts are listed in Table 16.
    Halibut and crab PSC that is caught by AFA catcher vessels 
participating in any non-pollock groundfish fishery listed in Table 15 
will accrue against the 2001 PSC limits for the AFA catcher vessels. 
Regulations at Sec. 679.21(d)(8) and (e)(3)(v) provide authority to 
close directed fishing for non-pollock groundfish for AFA catcher 
vessels once a 2001 PSC limitation listed in Table 16 for the BSAI is 
reached. PSC that is caught by AFA catcher vessels while fishing for 
pollock in the BSAI will accrue against either the midwater pollock or 
the pollock/Atka mackerel/other species fishery categories.

[[Page 7296]]



    Table 16.--2001 AFA Catcher Vessel (CV) Prohibited Species Catch (PSC) Sideboard Amounts \1\ for the BSAI
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                                                    1997 AFA CV                      2001 AFA
              PSC species                Target fishery category  retained catch  2001 PSC Limit  catcher vessel
                                             \2\ and season          to total                      PSC sideboard
                                                                  retained catch
----------------------------------------------------------------------------------------------------------------
Halibut...............................  Pacific cod trawl.......          0.6183           1,334             825
                                        Pacific cod hook-and-             0.0022             755               2
                                         line or pot.
                                        Yellowfin sole:
                                          Jan. 20-Mar. 31                 0.1144             286              33
                                          Apr. 1-May 20                   0.1144             196              22
                                          May 21-July 3                   0.1144              49               6
                                          July 1-Dec. 31                  0.1144             380              43
                                        Rock sole/Flathead sole/
                                         Oth. flat:
                                          Jan. 20-Mar. 31                 0.2841             498             141
                                          Apr. 1-July 3                   0.2841             179              51
                                          July 1-Dec. 31                  0.2841             177              50
                                        Turbot/Arrowtooth/                0.2327               0               0
                                         Sablefish.
                                        Rockfish................          0.0245              69               2
                                        Pollock/Atka mackerel/            0.0227             232               5
                                         Other sp.
Red King Crab Zone 1..................  Pacific cod.............          0.6183          11,664           7,212
                                        Yellowfin sole..........          0.1144          11,664           1,334
                                        Rock sole/Flathead sole/          0.2841          64,782          18,405
                                         Oth. flat.
                                        Pollock/Atka mackerel/            0.0227           1,615              37
                                         Other sp.
C. opilio COBLZ 3 4...................  Pacific cod.............          0.6183         524,736         324,444
                                        Yellowfin sole..........          0.1144       2,876,981         329,127
                                        Rock sole/Flathead sole/          0.2841         469,130         133,280
                                         Oth. flat.
                                        Pollock/Atka mackerel/            0.0227          72,428           1,644
                                         Other sp.
                                        Rockfish \5\............          0.0245          40,237             986
                                        Turbot/Arrowtooth/                0.2327          40,238           9,363
                                         Sablefish.
C. bairdi Zone 1......................  Pacific cod.............          0.6183         136,400          84,336
                                        Yellowfin sole..........          0.1144         253,894          29,045
                                        Rock sole/Flathead sole/          0.2841         272,126          77,311
                                         Oth. flat.
                                        Pollock/Atka mackerel/            0.0227          12,830             291
                                         Other sp.
C. bairdi Zone 2......................  Pacific cod.............          0.6183         225,941         139,699
                                        Yellowfin sole..........          0.1144       1,246,502         142,600
                                        Rock sole/Flathead sole/          0.2841         415,501         118,044
                                         Oth. flat.
                                        Pollock/Atka mackerel/            0.0227          19,148             435
                                         Other sp.
                                        Rockfish................          0.0245           7,658            188
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.  679.21(e)(3)(iv).
\3\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Figure 13 of 50 CFR part 679.
\4\ The Council at its December 2000 meeting limited red king crab for trawl fisheries within the RKCSS to 35
  percent of the total allocation to the rock sole, flathead sole, and other flatfish fishery category (Sec.
  679.21(e)(3)(ii)(B)).
\5\ The Council at its December 2000 meeting apportioned the rockfish PSC amounts from July 1--December 31 to
  prevent fishing for rockfish before July 1, 2001.

2001 Sideboard Directed Fishing Closures

Catcher/Processor Sideboard Closures
    The Regional Administrator has determined that many of the AFA 
catcher/processor sideboard amounts listed in Table 13 are necessary as 
incidental catch to support other anticipated groundfish fisheries for 
the 2001 fishing year. In accordance with Sec. 679.20(d)(1)(iv), the 
Regional Administrator establishes these following amounts as directed 
fishing allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by unrestricted AFA catcher/processors for 
the species in the specified areas set out in Table 17.

Table 17.--AFA Unrestricted Catcher/Processor Sideboard Directed Fishing
  Closures.\1\ These Closures Take Effect 1200 Hrs A.L.T., January 20,
  2001 and Remain in Effect Through 2400 Hrs, A.L.T., December 31, 2001
------------------------------------------------------------------------
             Species                     Area             Gear types
------------------------------------------------------------------------
Sablefish trawl.................  BSAI..............  all
Greenland turbot................  BSAI..............  all
Arrowtooth flounder.............  BSAI..............  all
Pacific ocean perch.............  BSAI..............  all
Sharpchin/Northern rockfish.....  BSAI..............  all
Shortraker/Rougheye rockfish....  BSAI..............  all
Other rockfish..................  BSAI..............  all
Squid...........................  BSAI..............  all

[[Page 7297]]

 
Other species...................  BSAI..............  all
------------------------------------------------------------------------
\1\ Maximum retainable percentages may be found in Table 11 to 50 CFR
  part 679.

AFA Catcher Vessel Sideboard Closures
    The Regional Administrator has determined that many of the AFA 
catcher vessel sideboard amounts listed in Table 15 are necessary as 
incidental catch to support other anticipated groundfish fisheries for 
the 2001 fishing year. In accordance with Sec. 679.20(d)(1)(iv), the 
Regional Administrator establishes these amounts as directed fishing 
allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by non-exempt AFA catcher vessels for the 
species in the specified areas set out in Table 18.

                      Table 18.--AFA Catcher Vessel Sideboard Directed Fishing Closures\1\
 [These Closures take effect 12 noon A.L.T., January 20, 2001. These closures will remain in effect through 2400
                                         hrs, A.L.T., December 31, 2001]
----------------------------------------------------------------------------------------------------------------
                 Species                                  Area                                Gear
----------------------------------------------------------------------------------------------------------------
Pacific cod..............................  BSAI..............................  Hook-and-line, pot, jig.
Sablefish................................  BSAI..............................  Trawl.
Atka mackerel............................  BSAI..............................  All.
Greenland Turbot.........................  BSAI..............................  All.
Arrowtooth flounder......................  BSAI..............................  All.
Pacific ocean perch......................  BSAI..............................  All.
Sharpchin/northern rockfish..............  BSAI..............................  All.
Shortraker/rougheye rockfish.............  BSAI..............................  All.
Other rockfish...........................  BSAI..............................  All.
Squid....................................  BSAI..............................  All.
Other species............................  BSAI..............................  All.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable percentages may be found in Table 11 to 50 CFR part 679.

Gulf of Alaska
    The SSC adopted the OFL recommendations from the Plan Team, which 
were provided in the November 2000 GOA SAFE report (See ADDRESSES), for 
all groundfish species categories. The SSC also adopted the ABC and 
area apportionment recommendations from the Plan Team, which were 
provided in the GOA SAFE report, for all of the groundfish species 
categories.
    The Council adopted the SSC's ABC and AP's TAC recommendations for 
all species, except other rockfish in the Eastern GOA. The Council 
requested that NMFS set the TAC for other rockfish in the Eastern GOA 
at levels which would be sufficient to allow for bycatch to be retained 
throughout the fishing year but that would be insufficient to allow for 
a directed fishery to occur. The SSC's, AP's and Council's 
recommendation for the method of apportioning the sablefish ABC among 
management areas includes commercial fishery as well as survey data as 
in 2000. NMFS stock assessment scientists believe that the use of 
unbiased commercial fishery data reflecting catch-per-unit effort 
provides a desirable input for stock distribution assessments. The use 
of commercial fishery data would need to be evaluated annually to 
assure that unbiased information is included in stock distribution 
models. The Council's recommendation for sablefish area apportionments 
also takes into account the prohibition on the use of trawl gear in the 
Southeast Outside (SEO) District of the Eastern GOA and makes available 
5 percent of the combined Eastern GOA ABCs to trawl gear for use as 
incidental catch in other directed groundfish fisheries in the West 
Yakutat (WYK) District.
    NMFS agrees with the Council's approach for the 2001 harvest 
specifications, except for pollock. The Comprehensive BiOp sets forth 
an RPA to previous management measures to avoid jeopardizing or 
adversely modifying the critical habitat of the western population of 
Steller sea lions. One element of the RPA is to adopt a more 
conservative harvest strategy for fish removal at the FMP level, also 
called the Global Control Rule (GCR) (See discussion in Part I of this 
preamble above). The GCR decreases the likelihood that the biomass of 
pollock, Pacific cod and Atka mackerel, principal prey species of 
Steller sea lions, will drop below 40 percent of the estimated unfished 
level of spawning biomass per recruit, the B40% 
level. In the GOA in 2001, the GCR would apply to the combined Western, 
Central, and West Yakutat Regulatory Area (W/C/WYK) stock of pollock as 
the projected spawning biomass in 2001 for this stock is estimated to 
be 202,800 mt, below the B40% value of 247,000 
mt. Application of the GCR to this stock of pollock in the GOA would 
lower the Council's recommended ABC (and TAC) from 99,350 mt to 80,462 
mt in 2001, a reduction of 18,888 mt or 19 percent. Public Law 106-544, 
phases-in the implementation of the GCR in 2001. Specifically, section 
209(c)(5) states that when the GCR applies in 2001 it ``shall not cause 
a reduction in the total allowable catch of any fishery of more than 
ten percent.'' NMFS therefore is adjusting the Council's recommended 
TAC of pollock in the combined W/C/WYK area downward by 10 percent 
(9,935 mt) from 99,350 mt to 89,415 mt. This action is discussed in 
more detail below.

[[Page 7298]]

    As in previous years, the Plan Team, SSC, and Council recommended 
that total removals of Pacific cod from the GOA not exceed ABC 
recommendations. Accordingly, the Council recommended that the TACs be 
adjusted downward from the ABCs by amounts equal to the 2001 guideline 
harvest levels (GHL) established for Pacific cod by the State of Alaska 
(State) for a State-managed fishery in State waters. The effect of the 
State's GHL on the Pacific cod TAC is discussed in greater detail 
below.
    The Council's recommended ABCs, as adjusted by the 2001 GCR are 
listed in Table 19. These amounts reflect harvest amounts that are less 
than the specified overfishing amounts. The sum of 2001 ABCs for all 
assessed groundfish is 447,710 mt, which is lower than the 2000 ABC 
total of 448,010 mt.

2001 Harvest Specifications

Specifications of TAC and Reserves
    The Council recommended TACs all equal to ABCs for deep-water 
flatfish, rex sole, sablefish, shortraker and rougheye rockfish, 
northern rockfish, Pacific Ocean perch, pelagic shelf rockfish, 
thornyhead rockfish, demersal shelf rockfish, and Atka mackerel. The 
Council-recommended TACs are less than the ABC for Pacific cod, 
flathead sole, shallow-water flatfish, arrowtooth flounder, and other 
rockfish. NMFS has adjusted the Council's recommended TAC for pollock 
in the combined W/C/WYK area downward from recommended ABC level by 
9,935 mt as described above (Table 19).
    The TAC for pollock in the combined W/C/WYK area of the GOA has 
decreased from 93,540 mt in 2000 to 89,415 mt in 2001. The 2001 TAC in 
the SEO District of the Eastern GOA is unchanged from 2000 at 6,460 mt. 
The apportionment of pollock TAC among the W/C/WYK areas of the GOA 
reflects the current biomass distribution.
    Under this emergency interim rule, the annual pollock TAC in the 
Western and Central GOA is divided into four seasonal apportionments. 
The annual pollock TAC in the combined Western and Central GOA of 
87,080 mt is the result of the combined W/C/WYK annual TAC of 89,415 mt 
less the WYK annual TAC of 2,335 mt. Thirty percent of the annual TAC 
in the Western and Central Regulatory Areas in the GOA is apportioned 
to the A season (January 20 through March 1) in the Western GOA, 
Shelikof Strait, and Statistical Areas 620 and 630 (outside of Shelikof 
Strait) in the Central GOA (Sec. 679.20(a)(5)(ii)); 15 percent to the B 
season (March 15 through May 31) in the Western GOA, Shelikof Strait, 
and Statistical Areas 620 and 630 (outside of Shelikof Strait) in the 
Central GOA; 30 percent to the C season (August 20 through September 
15) in the Western GOA and Statistical Areas 620 and 630 in the Central 
GOA; and 25 percent to the D season (October 1 through November 1) in 
the Western GOA and Statistical Areas 620 and 630 in the Central GOA 
(Sec. 679.23(d)(2)(i) through (iv)). The derivation of the seasonal 
apportionment amounts in the Western and Central GOA areas is discussed 
below.
    The 2001 Pacific cod TAC is affected by the State's developing 
fishery for Pacific cod in State waters in the Central and Western GOA, 
as well as Prince William Sound (PWS). The SSC, AP, and Council 
recommended that the sum of all State and Federal water Pacific cod 
removals should not exceed the ABC. Accordingly the Council recommended 
that Pacific cod TAC be reduced from ABC levels to account for State 
GHLS in each regulatory area of the GOA so that the TAC for (1) the 
Eastern GOA be lower than the ABC by 1,190 mt, (2) the Central GOA be 
lower than the ABC by 8,400 mt, and (3) the Western GOA be lower than 
the ABC by 6,100 mt. These amounts reflect the sum of State's 2001 GHLs 
in these areas which are 25 percent, 21.75 percent, and 25 percent of 
the Eastern, Central, and Western GOA ABCs respectively. These 
percentages are unchanged from 2000.
    NMFS is also establishing seasonal apportionments of the annual 
Pacific cod TAC in the Western and Central Regulatory Areas at 60 
percent of the annual TAC to an A season from January 1 through June 10 
and at 40 percent of the annual TAC to a B season from June 10 to 
December 31. These seasonal apportionments of the annual Pacific cod 
TAC are discussed in greater detail below.
    The Council requested that NMFS set TAC for other rockfish in the 
Eastern GOA at levels sufficient to allow bycatch to be retained 
throughout the year but that would be insufficient to allow directed 
fishing to occur in 2001. Based on catches from 1996 though 2000, NMFS 
has determined that a TAC of 150 mt in the West Yakutat District and 
100 mt in the Southeast Outside District in the Eastern GOA will be 
sufficient to allow other rockfish to be retained as bycatch throughout 
the 2001 fishing year but not provide an amount sufficient to conduct a 
directed fishery.
    The FMP specifies that the amount for the ``other species'' 
category is calculated as 5 percent of the combined TAC amounts for 
target species. The GOA-wide ``other species'' TAC is 13,619 mt, which 
is 5 percent of the sum of the combined TAC amounts (272,375 mt) for 
the assessed target species. The sum of the TACs for all GOA groundfish 
is 285,994 mt, which is within the OY range specified by the FMP. The 
sum of the TACs is lower than the 2000 TAC sum of 298,510 mt. NMFS has 
reviewed the Council's recommended TAC specifications and 
apportionments and, with the exception of pollock as noted in the 
combined W/C/WYK area, hereby approves these specifications under 
Sec. 679.20(c)(3)(ii). The 2001 ABCs, TACs, and OFLs are shown in Table 
19.

Table 19.--2001 ABCs, TACs, and Overfishing Levels of Groundfish for the
    Western/Central/West Yakutat (W/C/WYK), Western (W), Central (C),
 Shelikof Strait, Eastern (E) Regulatory Areas, and in the West Yakutat
(WYK), Southeast Outside (SEO), and Gulf-Wide (GW) Districts of the Gulf
                                of Alaska
                       [Values are in metric tons]
------------------------------------------------------------------------
        Species and area 1             ABC          TAC      Overfishing
------------------------------------------------------------------------
Pollock: 2
    Shumagin (610)...............       35,240       31,724  ...........
    Chirikof (620)...............       14,260       12,841  ...........
    Kodiak (630).................       26,650       23,996  ...........
    Shelikof.....................       20,680       18,619  ...........
    WYK (640)....................        2,520        2,235  ...........
        Subtotal W/C/WYK.........       99,350       89,415      117,750
                                  --------------------------------------

[[Page 7299]]

 
    SEO (650)....................        6,460        6,460        8,610
                                  --------------------------------------
            Total................      105,810       95,875      126,360
Pacific cod: 3
    W............................       24,400       18,300  ...........
    C............................       38,650       30,250  ...........
    E............................        4,750        3,560  ...........
                                  --------------------------------------
            Total................       67,800       52,110       91,200
Flatfish 4 (deepwater):
    W............................          280          280  ...........
    C............................        2,710        2,710  ...........
    WYK..........................        1,240        1,240  ...........
    SEO..........................        1,070        1,070
                                  --------------------------------------
            Total................        5,300        5,300        6,980
Rex sole:4
    W............................        1,230        1,230  ...........
    C............................        5,660        5,660  ...........
    WYK..........................        1,540        1,540  ...........
    SEO..........................        1,010        1,010  ...........
                                  --------------------------------------
            Total................        9,440        9,440       12,300
Flathead sole:
    W............................        8,490        2,000  ...........
    C............................       15,720        5,000  ...........
    WYK..........................        1,440        1,440  ...........
    SEO..........................          620          620  ...........
                                  --------------------------------------
            Total................       26,270        9,060       34,210
Flatfish 5 (shallow-water):
    W............................       19,510        4,500  ...........
    C............................       16,400       12,950  ...........
    WYK..........................          790          790  ...........
    SEO..........................        1,160        1,160  ...........
                                  --------------------------------------
            Total................       37,860       19,400       45,330
Arrowtooth flounder:
    W............................       16,480        8,000  ...........
    C............................       99,590       25,000  ...........
    WYK..........................       24,220        2,500  ...........
    SEO..........................        7,860        2,500  ...........
                                  --------------------------------------
            Total................      148,150       38,000      173,550
Sablefish: 6
    W............................        2,010        2,010  ...........
    C............................        5,410        5,410  ...........
    WYK..........................        2,060        2,060  ...........
    SEO..........................        3,360        3,360  ...........
                                  --------------------------------------
      Subtotal: E................        5,420        5,420  ...........
            Total................       12,840       12,840       15,720
Pacific7 ocean perch:
    W............................        1,280        1,280        1,520
    C............................        9,610        9,610       11,350
    WYK..........................          870          870  ...........
    SEO..........................        1,750        1,750  ...........
                                  --------------------------------------
      Subtotal: E................                                  3,090
            Total................       13,510       13,510       15,960
Short raker/rougheye:8
    W............................          210          210  ...........
    C............................          930          930  ...........
    E............................          590          590  ...........
                                  --------------------------------------
            Total................        1,730        1,730        2,510
Other rockfish: 9, 10
    W............................           20           20  ...........

[[Page 7300]]

 
    C............................          740          740  ...........
    WYK..........................          250          150  ...........
    SEO..........................        3,890          100
                                  --------------------------------------
            Total................        4,900        1,010        6,390
Northern Rockfish:10, 12
    W............................          600          600
    C............................        4,280        4,280  ...........
    E............................          N/A          N/A  ...........
                                  --------------------------------------
            Total................        4,880        4,880        5,780
Pelagic shelf rockfish:13
    W............................          550          550  ...........
    C............................        4,080        4,080  ...........
    WYK..........................          580          580  ...........
    SEO..........................          770          770  ...........
                                  --------------------------------------
            Total................        5,980        5,980        9,040
Thornyhead rockfish:
    W............................          420          420  ...........
    C............................          970          970  ...........
    E............................          920          920  ...........
            Total................        2,310        2,310        2,770
Demersal shelf rockfish: 11......
    SEO..........................          330          330          410
Atka mackerel: GW................          600          600        6,200
Other species:14 GW..............       15 N/A       13,619          N/A
                                  --------------------------------------
            Total 16.............      447,710      285,994     554,710
------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.  679.2.
\2\ Pollock is apportioned in the Western/Central Regulatory areas to
  the Shelikof Strait conservation area (defined at Sec.
  679.22(b)(2)(iii)(B))in the A and B seasons only (Sec.
  679.22(b)(2)(iii)(A)) in accordance with Sec.  679.22(b)(2)(iii)(C)
  and the remainder to the three statistical areas in the combined
  Western/Central Regulatory Area outside the Shelikof Strait based on
  the relative distribution of pollock biomass at 56 percent, 4 percent,
  and 40 percent in Regulatory areas 610, 620, and 630 respectively.
  During the C and D seasons pollock is apportioned based on the
  relative distribution of pollock biomass at 42 percent, 25 percent,
  and 33 percent in Regulatory Areas 610, 620, and 630 respectively.
  These seasonal apportionments are shown in Tables 21 and 22. In the
  West Yakutat and Southeast Outside Districts of the Eastern Regulatory
  Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to an A season
  and 40 percent to a B season in the Western and Central Regulatory
  Areas of the GOA. Pacific cod is allocated 90 percent for processing
  by the inshore component and 10 percent for processing by the offshore
  component. Seasonal apportionments and component allocations of TAC
  are shown in Table 23.
\4\ ``Deep water flatfish'' means Dover sole, Greenland turbot, and
  deepsea sole.
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water
  flatfish,'' flathead sole, rex sole, or arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 20).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis
  (shortraker) and S. aleutianus (rougheye).
\9\ ``Other rockfish'' in the Western and Central Regulatory Areas and
  in the West Yakutat District means slope rockfish and demersal shelf
  rockfish. The category ``other rockfish'' in the Southeast Outside
  District means Slope rockfish.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.
  crameri (darkblotch), S. elongatus (greenstriped), S. variegatus
  (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger
  (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S.
  brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola
  (stripetail), S. miniatus (vermilion), and S. reedi (yellowmouth). In
  the Eastern GOA only, ``slope rockfish'' also includes northern
  rockfish, S. polyspinous.
\11\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.
  nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
  helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
  (yelloweye).
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S.
  entomelas (widow), and S. flavidus (yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, squid, and
  octopus. The TAC for ``other species'' equals 5 percent of the TACs of
  assessed target species.
\15\ N/A means not applicable.
\16\ The total ABC is the sum of the ABCs for assessed target species.

Apportionment of Reserves
    Regulations implementing the FMP require 20 percent of each TAC for 
pollock, Pacific cod, flatfish, and the ``other species'' category be 
set aside in reserves for possible apportionment at a later date 
(Sec. 679.20(b)(2)). For the preceding 12 years, including 2000, NMFS 
reapportioned all of the reserves in the final harvest specifications 
except for Pacific cod. Between 1997 and 2000, NMFS retained the 
Pacific cod reserve to provide for a management buffer to account for 
excessive fishing effort and incomplete or late catch reporting. NMFS 
believes this is no longer necessary as estimates of catch and 
incidental catch needs in other directed fisheries have improved in 
recent years. For 2001, NMFS has reapportioned all of the reserve for 
pollock, Pacific cod,

[[Page 7301]]

flatfish, and ``other species''. Specifications of TAC shown in Table 
19 reflect apportionment of reserve amounts for these species and 
species groups.
Allocations of the Sablefish TACs to Vessels Using Hook-and-Line and 
Trawl Gear
    Under Sec. 679.20(a)(4)(i) and (ii), sablefish TACs for each of the 
regulatory areas and districts are allocated to hook-and-line and trawl 
gear. In the Western and Central Regulatory Areas, 80 percent of each 
TAC is allocated to hook-and-line gear and 20 percent of each TAC is 
allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of 
the TAC is allocated to hook-and-line gear and 5 percent is allocated 
to trawl gear. The trawl gear allocation in the Eastern Regulatory Area 
may only be used to support incidental catch of sablefish in directed 
fisheries for other target species. In recognition of the trawl ban in 
the SEO District of the Eastern Regulatory Area, the Council 
recommended that 5 percent of the combined Eastern GOA sablefish be 
allocated to trawl gear in the WYK District and the remainder to 
vessels using hook-and-line gear. In the SEO District, 100 percent of 
the sablefish TAC is allocated to vessels using hook-and-line gear. 
This recommendation results in an allocation of 271 mt to trawl gear 
and 1,789 mt to hook-and-line gear in the WYK District and 3,360 mt to 
hook-and-line gear in the SEO District. Table 20 shows the allocations 
of the 2001 sablefish TACs between hook-and-line gear and trawl gear.

 Table 20.--2001 Sablefish TAC specifications in the Gulf of Alaska and
           Allocations Thereof to Hook-and-Line and Trawl Gear
                       [Values are in metric tons]
------------------------------------------------------------------------
                                            Hook-and-line      Trawl
        Area/District              TAC      apportionment  apportionment
------------------------------------------------------------------------
Western......................        2,010         1,608            402
Central......................        5,410         4,328          1,082
West Yakutat.................        2,060         1,789            271
Southeast Outside............        3,360         3,360              0
                              ------------------------------------------
      Total..................       12,840        11,085          1,755
------------------------------------------------------------------------

Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and 
Allocations for Processing by Inshore and Offshore Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Under this emergency interim rule extending the 2000 RFRPAs, the annual 
pollock TAC specified for the Western and Central Regulatory Areas of 
the GOA is apportioned into four seasonal allowances of 30, 15, 30, and 
25 percent, respectively (Sec. 679.20(a)(5)(ii)(C)). As established by 
Sec. 679.23(d)(2), the A, B, C, and D season allowances are available 
from January 20 through March 1, from March 15 through May 31, from 
August 20 through September 15, and from October 1 through November 1 
respectively.
    To prevent localized depletions of pollock outside the Shelikof 
Strait conservation area (defined at Sec. 679.22(b)(2)(iii)(B)), this 
emergency rule also extends seasonal apportionments of pollock TAC 
within Shelikof Strait during the A and B seasons. The derivation of 
these harvest limits are explained here and listed in Tables 19 and 22. 
The Shelikof area apportionments during the A and B seasons are derived 
from the most recent (2000) NMFS survey estimate of pollock biomass of 
334,900 mt in the critical habitat of the Shelikof Strait divided by 
the most recent (2000) estimate of total GOA pollock biomass of 705,900 
mt (equals 0.4746) multiplied by the A and B seasonal apportionments of 
the combined W/C pollock TAC (87,180 mt), i.e., 30 percent of the 
annual TACs (26,154 mt) in the A season and 15 percent of the annual 
TACs in the B season (13,077 mt) in the GOA 
(Sec. 679.22(b)(2)(iii)(C)).
    The remainder of the A and B seasonal allowances of pollock TAC in 
the Western and Central Regulatory Areas are apportioned among 
statistical area 610, and statistical areas 620 and 630 outside the 
Shelikof Strait conservation area in proportion to the distribution of 
pollock biomass as determined by the four most recent NMFS summer 
surveys. Pollock TACs in the Western and Central Regulatory Areas in 
the C and D seasons are apportioned among statistical areas 610, 620, 
and 630 in proportion to the distribution of pollock biomass as 
determined by the four most recent NMFS summer surveys. Within any 
fishing year, underage or overage of a seasonal allowance may be added 
to or subtracted from subsequent seasonal allowances in a manner to be 
determined by the Regional Administrator, provided that a revised 
seasonal allowance does not exceed 30 percent of the annual TAC 
apportionment (Sec. 679.20(a)(5)(ii)(C)). The WYK and SEO District 
pollock TACs of 2,235 mt and 6,460 mt, respectively, are not allocated 
seasonally.
    Regulations at Sec. 679.20(a)(6)(ii) require that 100 percent of 
the pollock TAC in all regulatory areas and all seasonal allowances 
thereof be allocated to vessels catching pollock for processing by the 
inshore component after subtraction of amounts that are projected by 
the Regional Administrator to be caught by, or delivered to, the 
offshore component incidental to directed fishing for other groundfish 
species. The amount of pollock available for harvest by vessels 
harvesting pollock for processing by the offshore component is that 
amount actually taken as bycatch during directed fishing for groundfish 
species other than pollock, up to the maximum retainable bycatch 
amounts allowed under regulations at Sec. 679.20(e) and (f). At this 
time, these bycatch amounts are unknown and will be determined during 
the fishing year.
    The biomass distribution of pollock in the Western and Central GOA, 
area apportionments, and seasonal apportionments for the A and B 
seasons are summarized in Table 21 and for the C and D seasons in Table 
22, except that amounts of pollock for processing by the inshore and 
offshore component are not shown.

[[Page 7302]]



 Table 21.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA);
Biomass Distribution, Area Apportionments, and Seasonal Allowances of Annual TAC for the A and B Seasons in 2001
----------------------------------------------------------------------------------------------------------------
                                                                                         Seasonal Allowances of
                                                                Biomass    2001 annual         annual TAC
                      Statistical area                          percent        TAC     -------------------------
                                                                                          A (30%)      B (15%)
----------------------------------------------------------------------------------------------------------------
Shelikof....................................................        47.46       18,619       12,413        6,206
Shumagin (610)..............................................        29.47       31,724        7,707        3,854
Chirikof 1 (620)............................................         2.14       12,841          560          280
Kodiak 1 (630)..............................................        20.93       23,996        5,474        2,737
                                                             ---------------------------------------------------
      Total.................................................       100.00       87,180       26,154      13,077
----------------------------------------------------------------------------------------------------------------
1 A and B seasonal allowances in the Chirikof and Kodiak Districts are outside the Shelikof Strait defined at
  679.22(b)(3)(iii)(B).


 Table 22.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA);
Biomass Distribution, Area Apportionments, and Seasonal Allowances of Annual TAC for the C and D Seasons in 2001
----------------------------------------------------------------------------------------------------------------
                                                                                         Seasonal Allowances of
                                                                Biomass    2001 annual        annual TAC 1
                      Statistical area                          percent        TAC     -------------------------
                                                                                          C (30%)      D (25%)
----------------------------------------------------------------------------------------------------------------
Shelikof....................................................  ...........       18,619          (2)          (2)
Shumagin (610)..............................................        42.05       31,724       10,998        9,165
Chirikof (620)..............................................        25.03       12,841        6,546        5,455
Kodiak (630)................................................        32.92       23,996        8,610        7,175
                                                             ---------------------------------------------------
      Total.................................................       100.00       87,180       26,154      21,975
----------------------------------------------------------------------------------------------------------------
1 These emergency interim regulations for pollock in the GOA which specify A and B season dates and harvest
  limitations, expires June 10, 2001, before the C and D seasons are scheduled to begin. Therefore, the C and D
  seasons are not authorized unless either this emergency rule is extended, or proposed and final rulemaking is
  completed.
2 Not apportioned.

Seasonal Apportionments of Pacific Cod TAC and Allocations for 
Processing of Pacific Cod TAC Between Inshore and Offshore Components
    As described in Part I above, Pacific cod fishing is divided into 
two seasons in the Western and Central Regulatory Areas. The A season 
begins on January 1, 2001 and ends on June 10, 2001, the B season 
begins on June 10, 2001 and ends on December 31, 2001. After 
subtraction of incidental catch, 60 percent and 40 percent will be 
available for harvest during the A and B seasons, respectively, and 
will be apportioned between the inshore and offshore processing 
components as provided in 50 CFR Sec. 679.20(a)(6)(iii).
    The time of all openings and closures of fishing seasons, other 
than the beginning and ending of the calender fishing year, is 1200 
hours, A.l.t. For purposes of clarification NMFS points out that the 
dates for the A season and the B season Pacific cod fishery dates 
differ from those of the A, B, C, and D seasons for the pollock 
fisheries. NMFS finds that seasonal apportionments of Pacific cod TAC 
in the Eastern GOA are not necessary at this time as less than 60 
percent of the annual TAC in the Eastern GOA is normally harvested 
during the A season. Any overage or underage of Pacific cod harvest 
from the A season shall be subtracted from or added to the subsequent B 
season.
    Regulations at Sec. 679.20(a)(6)(iii) require that the TAC 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. Ninety percent of the Pacific cod TAC in each regulatory 
area is allocated to vessels catching Pacific cod for processing by the 
inshore component. The remaining 10 percent of the TAC is allocated to 
vessels catching Pacific cod for processing by the offshore component. 
These seasonal apportionments and allocations of the Pacific cod TAC 
for 2001 are shown in Table 23.

  Table 23.--2001 Seasonal Apportionments and Allocation of Pacific cod
  TAC Amounts in the Gulf of Alaska; Allocations for Processing by the
                     Inshore and Offshore Components
                           [Values are in mt]
------------------------------------------------------------------------
                                                  Component allocation
                                               -------------------------
         Regulatory area               TAC        Inshore      Offshore
                                                   (90%)        (10%)
------------------------------------------------------------------------
Western..........................       18,300       16,470        1,830
                                  --------------------------------------
    A Season (60%)...............       10,980        9,882        1,098
    B Season (40%)...............        7,320        6,588          732
Central..........................       30,250       27,225        3,025
                                  --------------------------------------

[[Page 7303]]

 
    A Season (60%)...............       18,150       16,335        1,815
    B Season (40%)...............       12,250       10,890        1,210
Eastern..........................        3,560        3,204          356
                                  --------------------------------------
        Total....................       52,110       46,899        5,211
------------------------------------------------------------------------

Pacific Halibut PSC Mortality Limits
    Under Sec. 679.21(d), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and may be 
established for pot gear.
    As in 2000, the Council recommended that pot gear, jig gear, and 
the hook-and-line sablefish fishery be exempted from the non-trawl 
halibut limit for 2001. The Council recommended these exemptions 
because of the low halibut bycatch mortality experienced in the pot 
gear fisheries (7 mt in 2000) and because of the 1995 implementation of 
the sablefish and halibut Individual Fishing Quota program, which 
allows legal-sized halibut to be retained in the sablefish fishery. 
Halibut mortality for the jig gear fleet cannot be estimated because 
these vessels do not carry observers. However, halibut mortality is 
assumed to be very low given the small amount of groundfish harvested 
by this gear type (62 mt in 2000) and the assumed high survival rate of 
any halibut that are incidentally taken and discarded.
    As in 2000, the Council recommended a hook-and-line halibut PSC 
mortality limit of 300 mt. Ten mt of this limit are apportioned to the 
demersal shelf rockfish fishery in the Southeast Outside District. The 
fishery is defined at Sec. 679.21(d)(4)(iii)(A) and historically has 
been apportioned this amount in recognition of its small-scale 
harvests. Observer data are not available to verify actual bycatch 
amounts given most vessels are less than 60 ft. LOA and are exempt from 
observer coverage. The remainder of the PSC limit is seasonally 
apportioned among the non-sablefish hook-and-line fisheries as shown in 
Table 24.
    The Council continued to recommend a trawl halibut PSC mortality 
limit of 2,000 mt for 2001. The PSC limit has remained unchanged since 
1989. Regulations at Sec. 679.21(d)(3)(iii) authorize separate 
apportionments of the trawl halibut PSC limit between trawl fisheries 
for deep-water and shallow-water species. Regulations at 
Sec. 679.21(d)(5) authorize seasonal apportionments of halibut PSC 
limits. For 2001, the Council recommended delaying the release of the 
third seasonal apportionment of trawl halibut PSC limits to July 4 to 
facilitate inseason management of directed trawl fisheries, 
particularly rockfish. However, NMFS finds that for the year 2001 this 
delay is not necessary and that inseason management of directed trawl 
fisheries would be improved with the release of the third seasonal 
apportionment of trawl halibut PSC limits on July 1, 2001.
    NMFS concurs in the Council's recommendations described above and 
listed in Table 24. The following types of information as presented in, 
and summarized from, the current SAFE report, or as otherwise available 
from NMFS, Alaska Department of Fish and Game, the International 
Pacific Halibut Commission (IPHC), or public testimony were considered:

(A) Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2000. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through December 31, 
2000, is 1,888 mt, 276 mt, and 7 mt, respectively, for a total halibut 
mortality of 2,171 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2000 fishing year. Trawling for the deep-water 
fishery complex was closed for the second quarter on May 13 (65 FR 
31288, May 17, 2000) and for the third quarter on August 23 (65 FR 
51772, August 25, 2000). The shallow-water fishery complex was closed 
for the second quarter on May 28 (65 FR 34991, June 1, 2000) and for 
the third quarter on August 11 (65 FR 49946, August 16, 2000). The 
three seasonal apportionments of the hook-and-line halibut bycatch 
mortality limit resulted in closures of hook-and-line fisheries for 
groundfish other than sablefish and demersal shelf rockfish on March 9 
(65 FR 13698, March 14, 2000), May 18 (65 FR 31104, May 16, 2000), and 
on September 1 (65 FR 54179, September 7, 2000).

(B) Expected Changes in Groundfish Stocks

    In December 2000 the Council adopted higher ABCs for pollock, 
arrowtooth flounder, and Pacific Ocean perch than those established for 
2000. The Council adopted lower ABCs for Pacific cod, sablefish, 
northern rockfish, demersal shelf rockfish, and thornyhead rockfish 
than those established for 2000. More information on these changes is 
included in the final SAFE report (November 2000) and in the Council 
and SSC December 2000 meeting minutes.

(C) Expected Changes in Groundfish Catch

    The total of the 2001 TACs for the GOA is 285,994 mt, a decrease of 
4 percent from the 2000 TAC total of 298,510 mt. Those fisheries for 
which the 2001 TACs are lower than in 2000 are pollock (decreased to 
95,875 mt from 100,000 mt), Pacific cod (decreased to 52,110 mt from 
58,715 mt), sablefish (decreased to 12,840 mt from 13,330 mt), northern 
rockfish (decreased to 4,880 mt from 5,120 mt), other rockfish 
(decreased to 1,010 mt from 4,900 mt), demersal shelf rockfish 
(decreased to 330 mt from 340 mt), thornyhead rockfish (decreased to 
2,310 mt from 2,360 mt), and other species (decreased to 13,619 mt from 
14,215 mt). Those species for which the 2001 TACs are higher than in 
2000 are arrowtooth flounder (increased to 38,000 mt from 35,000 mt) 
and Pacific Ocean perch (increased to 13,510 mt from 13,020 mt).

(D) Current Estimates of Halibut Biomass and Stock Condition

    The most recent halibut stock assessment was conducted by the IPHC 
in December 2000. The halibut resource is considered to be healthy, 
with total

[[Page 7304]]

catch near record levels. The current exploitable halibut biomass for 
2001 is estimated to be 249,007 mt, using an age-specific estimate for 
2001. In the age-specific estimate, the assumption is that the 
selection of fish by the survey is based primarily on the age of the 
fish and reflects the availability of fish of different ages on the 
grounds. This is an increase from the estimate of 135,172 mt in 2000. 
The difference is in large part due to omitting a precautionary 
downward correction used in the 1999 assessment which was based on 
presumed increased fishing power of baits recently used in the surveys. 
The 2000 estimate for exploitable biomass in 2001 of 249,007 mt is now 
similar to the 1998 estimate for exploitable biomass in 1999 of 227,366 
mt before the fishing power correction was made. The exploitable 
biomass of the Pacific halibut stock apparently peaked at 326,520 mt in 
1988 (Sullivan, 1998). The long-term average reproductive biomass for 
the Pacific halibut resource was estimated at 118,000 mt (Parma, 1998). 
Long-term average yield was estimated at 26,980 mt, round weight 
(Parma, 1998). The species is fully utilized. Recent average catches 
(1994-96) were 33,580 mt for the U.S. and 6,410 mt for Canada, for a 
combined total of 39,990 mt for the entire Pacific halibut resource. 
This catch was 48 percent higher than long-term potential yield, which 
reflects the good condition of the Pacific halibut resource. In January 
2000 the IPHC recommended commercial catch limits totaling 33,910 mt 
(round weight equivalents) for Alaska in 2000, down from 35,314 mt in 
1999. Though November 24, 2000, commercial hook-and line harvests of 
halibut in Alaska total 33,056 mt (round weight equivalents).
    The major change in the assessment results for 2000 came from the 
elimination of the downward correction in recent survey catch rates 
that was applied in 1999, to account for a suspected increase in the 
fishing power of the surveys due to a bait change in 1993. Experiments 
conducted in 2000 have shown that the precautionary adjustment is not 
required. The stock assessment shows only minor changes for the 
southern portion of the range (Areas 2A, 2B, and 2C). Improvements in 
the estimated biomass of the stock in Area 3A are accounted for largely 
by the change in the treatment of historical survey data. Weight at age 
for halibut in the central portion of the range increased slightly in 
2000 over the very low values of recent years. However, recruitment of 
year classes born between 1989 and 1993 appears to be poor. The outlook 
for the stock biomass over the near future is for a decline from the 
record high levels of recent years until increased recruitment to the 
stock occurs.
    IPHC staff preliminary 2001 commercial catch limit recommendations 
for 2001 in Alaska total 63.5 million lb (dressed weight) which is 
equivalent to 38,406 mt (round weight) an increase of 4,496 mt from 
2000. Additional information on the Pacific halibut stock assessment 
may be found in the final SAFE report (November 2000) and in the IPHC's 
2000 Pacific halibut stock assessment (December 2000).

(E) Other Factors

    The allowable commercial catch of halibut will be adjusted to 
account for the overall halibut PSC mortality limit established for 
groundfish fisheries. The 2001 groundfish fisheries are expected to use 
the entire proposed halibut PSC limit of 2,300 mt. The allowable 
directed commercial catch is determined by accounting for the 
recreational and subsistence catch, waste, and bycatch mortality and 
then providing the remainder to the directed fishery. Groundfish 
fishing is not expected to adversely affect the halibut stocks.
    Methods available for reducing halibut bycatch include: (1) 
Reducing halibut bycatch rates through the Vessel Incentive Program; 
(2) modifications to gear; (3) changes in groundfish fishing seasons; 
(4) individual transferable quota programs; and (5) time/area closures.
    Reductions in groundfish TAC amounts provide no incentive for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on the species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with 
observer coverage requirements (50 CFR 679.50) are subject to the 
Vessel Incentive Program. This program encourages trawl fishermen to 
avoid high halibut bycatch rates while conducting groundfish fisheries 
by specifying bycatch rate standards for various target fisheries.
    Current regulations (Sec. 679.2 Authorized fishing gear (11)) 
specify requirements for biodegradable panels and tunnel openings for 
groundfish pots to reduce halibut bycatch. As a result, low bycatch and 
mortality rates of halibut in pot fisheries have justified exempting 
pot gear from PSC limits.
    The regulations also define pelagic trawl gear in a manner intended 
to reduce bycatch of halibut by displacing fishing effort off the 
bottom of the sea floor when certain halibut bycatch levels are reached 
during the fishing year. The definition provides standards for physical 
conformation (Sec. 679.2, see Authorized fishing gear) and performance 
of the trawl gear in terms of crab bycatch (Sec. 679.7(a)(14)). 
Furthermore, all hook-and-line vessel operators are required to employ 
careful release measures when handling halibut bycatch 
(Sec. 679.7(a)(13)). These measures are intended to reduce handling 
mortality, to increase the amount of groundfish harvested under the 
available halibut mortality bycatch limits, and to possibly lower 
overall halibut bycatch mortality in groundfish fisheries.
    The sablefish/halibut IFQ program (implemented in 1995) was 
intended, in part, to reduce the halibut discard mortality in the 
sablefish fishery.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatch while providing an opportunity to harvest the 
groundfish OY, NMFS approves the assignments of 2,000 mt and 300 mt of 
halibut PSC limits to trawl and hook-and-line gear, respectively. While 
these limits would reduce the harvest quota for commercial halibut 
fishermen, NMFS has determined that they would not result in unfair 
allocation to any particular user group. NMFS recognizes that some 
halibut bycatch will occur in the groundfish fishery, but the Vessel 
Incentive Program, required modifications to gear, and implementation 
of the halibut/sablefish IFQ program are intended to reduce adverse 
impacts on halibut fishermen while promoting the opportunity to achieve 
the OY from the groundfish fishery. NMFS and the Council will review 
the methods available for reducing halibut bycatch listed here to 
determine their effectiveness, and will initiate changes, as necessary, 
in response to this review or to public testimony and comment.

Fishery and Seasonal Apportionments of the Halibut PSC Limits

    Under Sec. 679.21(d)(5), NMFS seasonally apportions the halibut PSC 
limits based on recommendations from the Council. The FMP requires that 
the following information be considered by the Council in recommending 
seasonal apportionments of halibut PSC limits: (a) Seasonal 
distribution of halibut, (b) seasonal distribution of target groundfish 
species relative to halibut distribution, (c) expected halibut bycatch 
needs on a seasonal basis relative to changes in halibut biomass and 
expected catches of target

[[Page 7305]]

groundfish species, (d) expected bycatch rates on a seasonal basis, (e) 
expected changes in directed groundfish fishing seasons, (f) expected 
actual start of fishing effort, and (g) economic effects of 
establishing seasonal halibut allocations on segments of the target 
groundfish industry.
    In December 2000, the Council's AP recommended seasonal PSC 
apportionments in order to maximize harvest among gear types, 
fisheries, and seasons while minimizing bycatch of PSC based upon the 
criteria above. NMFS is approving the PSC apportionments specified in 
Tables 24 and 25, below. However, NMFS recognizes that the Council did 
not have the opportunity in December 2000 to evaluate the effects of 
SSL protection measures implemented by this emergency rule on PSC 
bycatch needs throughout the year with respect to factors listed above. 
After consulting with the Council at its emergency January 2001 
meeting, NMFS will consider amending PSC seasonal apportionments and 
amounts. Regulations at Sec. 679.21(d)(5)(iii) and (iv) specify that 
any overages or shortfalls in a seasonal apportionment of a PSC limit 
will be deducted from or added to the next respective seasonal 
apportionment within the 2001 season.

                                    Table 24.--Final 2001 Pacific Halibut PSC Limits, Allowances, and Apportionments
 [The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR. The hook-
                                    and-line sablefish fishery is exempt from halibut PSC limits. (Values are im mt)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Trawl gear                                                               Hook-and-line gear
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Other than DSR                                        DSR
                 Dates                       Amount     ------------------------------------------------------------------------------------------------
                                                                      Dates                   Amount                  Dates                   Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan 1-Apr 1...........................        450 (23%)  Jan 1-May 17..................        175 (60%)  Jan 1-Dec 31.................        10 (100%)
Apr 1-Jun 10..........................        400 (20%)  May 17-Aug 31.................         30 (10%)
Jun 10-Jul 1..........................        250 (12%)
Jul 1-Oct 1...........................        600 (30%)  Aug 31-Dec 31.................         85 (30%)
Oct 1-Dec 31..........................        300 (15%)
                                       -----------------                                -----------------                               ----------------
    Total.............................     2,000 (100%)                                       290 (100%)                                       10 (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of 
the trawl halibut PSC limit to a deep-water species complex, comprised 
of sablefish, rockfish, deep-water flatfish, rex sole and arrowtooth 
flounder; and a shallow-water species complex, comprised of pollock, 
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and 
``other species.'' The apportionment for these two fishery complexes is 
presented in Table 25.

    Table 25.--Final 2001 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-Water
                              Species Complex and the Shallow-Water Species Complex
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                             Season                                Shallow-water    Deep-water         Total
----------------------------------------------------------------------------------------------------------------
Jan. 20-Apr. 1..................................................             350             100             450
Apr. 1-Jun. 10..................................................             100             300             400
Jun. 10-Jul. 1..................................................             250               0             250
Jul. 1-Oct. 1...................................................             200             400             600
                                                                 -----------------------------------------------
    Subtotal:
Jan. 20-Sep. 30.................................................             900             800           1,700
Oct. 1-Dec. 31..................................................  ..............  ..............             300
                                                                 -----------------------------------------------
      Total.....................................................  ..............  ..............          2,000
----------------------------------------------------------------------------------------------------------------
 No apportionment between shallow-water and deep-water fishery complexes during the 4th quarter.

Halibut Discard Mortality Rates
    The Council recommended that the revised halibut discard mortality 
rates (DMRs) recommended by the IPHC be adopted for purposes of 
monitoring halibut bycatch mortality limits established for the 2001 
groundfish fisheries. NMFS concurs in the Council's recommendation. The 
IPHC recommended use of a long-term average as preseason assumed DMRs 
for the 2001-2003 groundfish fisheries. The IPHC recommendation also 
includes a provision that revised DMRs would be proposed should 
analysis indicate that a fishery's annual DMR diverges substantially 
(up or down) from the long-term average. Most of the IPHC's assumed 
DMRs were based on an average of mortality rates determined from NMFS 
observer data collected between 1990 and 1999. Rates were lacking for 
some fisheries, so rates from the most recent years were used. For the 
``other species'' fishery, where insufficient mortality data are 
available, the mortality rate of halibut caught in the Pacific cod 
fishery for that gear type was recommended as a default rate. The 
majority of the assumed mortality rates recommended for 2001 differ 
slightly from those used in 2000 in the GOA. The recommended rates for 
hook-and-line targeted fisheries range from 8 to 24 percent. The 
recommended rates for trawl targeted fisheries range from 58 to 72 
percent. The recommended rate for all pot targeted fisheries is 14 
percent. The 2001 assumed DMRs are listed in Table 26.

[[Page 7306]]



   Table 26.--2001 Assumed Pacific Halibut Mortality Rates for Vessels
                      Fishing in the Gulf of Alaska
    [Listed values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
                                                               Mortality
                       Gear and target                            rate
------------------------------------------------------------------------
Hook-and-Line:
  Pacific cod................................................         14
  Rockfish...................................................          8
  Other species..............................................         14
  Sablefish..................................................         24
Trawl:
  Midwater pollock...........................................         72
  Rockfish...................................................         69
  Shallow-water flatfish.....................................         69
  Pacific cod................................................         61
  Deep-water flatfish........................................         60
  Flathead sole..............................................         58
  Rex sole...................................................         61
  Bottom pollock.............................................         61
  Arrowtooth Flounder........................................         62
  Atka mackerel..............................................         70
  Sablefish..................................................         66
  Other species..............................................         61
Pot:
  Pacific cod................................................         14
  Other species..............................................         14
------------------------------------------------------------------------

Non-Exempt American Fisheries Act (AFA) Catcher Vessel Groundfish 
Harvest and PSC Limitations
    As discussed in Part I, above, Pub. L. 106-554 extends interim AFA 
regulations through 2001. One of the provisions implemented by these 
AFA regulations was to place groundfish harvesting and processing 
limitations, also called sideboards, on AFA catcher/processors and 
catcher vessels in the GOA. These limitations are considered necessary 
for fishermen and processors who have received exclusive harvesting and 
processing privilege under the AFA to protect the interests of 
fishermen and processors who have not directly benefitted from the AFA. 
In the GOA catcher/processors are prohibited from fishing for any 
species of fish (Sec. 679.7(k)(1)(ii)) and from processing any 
groundfish harvested in Statistical Area 630 of the GOA 
(Sec. 679.7(k)(1)(iv)). The Council recommended that certain AFA 
catcher vessels in the GOA be exempt from groundfish harvest 
limitations. Exempted AFA catcher vessels in the GOA are those less 
than 125 ft (38.1 m) LOA whose annual BSAI pollock landings totaled 
less than 5100 mt and that made 40 or more GOA groundfish landings from 
1995 through 1997 (Sec. 679.63(b)(1)(i)(B)).
    For non-exempt AFA catcher vessels in the GOA harvest limitations 
are based upon their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. The amounts of the groundfish harvest 
limits in the GOA are based on the retained catch of non-exempt AFA 
catcher vessels of each sideboard species from 1995 through 1997 
divided by the TAC for that species over the same period 
(Sec. 679.63(b)(1)(ii)(C)). These amounts are listed in Table 27. All 
harvests of sideboard species made by non-exempt AFA catcher vessels, 
whether as targeted catch or bycatch, will be deducted from the 
sideboard limits in Table 27.

    Table 27.--Final 2001 GOA Non-Exempt AFA Catcher Vessel (CV) Groundfish Harvest Limitations (Sideboards)
                                               [Values are in mt]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                                                     1997 non-                       2001 non-
   Species and apportionments and allocations by area/season/      exempt AFA CV     2001 TAC       exempt AFA
                         processor/Gear                           catch to 1995-                  catcher vessel
                                                                     1997 TAC                        sideboard
----------------------------------------------------------------------------------------------------------------
Pollock:
    A Season (W/C areas only) January 20-March 1:
        Shelikof Strait.........................................          0.1672          12,431           2,075
        Shumagin (610)..........................................          0.6238           7,707           4,808
        Chirikof (620)(outside Shelikof)........................          0.1262             560              71
        Kodiak (630)(outside Shelikof)..........................          0.1984           5,474           1,086
    B Season (W/C areas only) March 15-May 31:
        Shelikof Strait.........................................          0.1672           6,206           1,038
        Shumagin (610)..........................................          0.6238           3,854           2,404
        Chirikof (620) (outside Shelikof).......................          0.1262             280              35
        Kodiak (630) (outside Shelikof).........................          0.1984           2,737             543
    C Season (W/C areas only) August 20-September 15:
        Shumagin (610)..........................................          0.6238          10,998           6,861
        Chirikof (620)..........................................          0.1262           6,546             826
        Kodiak (630)............................................          0.1984           8,610           1,708
    D Season (W/C areas only) October 1--November 1:
        Shumagin (610)..........................................          0.6238           9,165           5,717
        Chirikof (620)..........................................          0.1262           5,465             688
        Kodiak (630)............................................          0.1984           7,175           1,424
    Annual:
        WYK (640)...............................................          0.3642           2,235             814
        SEO (650)...............................................          0.3542           6,460           2,353
Pacific cod:
    A Season (W/C areas only) January 1-June 10:
        W inshore...............................................          0.1310           9,882           1,295
          offshore..............................................          0.1206           1,098             113
        C inshore...............................................          0.0542          16,335             885
          offshore..............................................          0.0721           1,815             131
    B Season (W/C areas only) June 10-December 31:
        W inshore...............................................          0.1310           6,588             863
          offshore..............................................          0.1206             732              75
        C inshore...............................................          0.0542          10,980             596
          offshore..............................................          0.0721           1,210              87

[[Page 7307]]

 
    Annual:
        E inshore...............................................          0.0000           3,206               0
          offshore..............................................          0.0078             356               3
Flatfish deep-water:
    W...........................................................          0.0000             280               0
    C...........................................................          0.0620           2,710             168
    E...........................................................          0.0021           2,310               5
Rex sole:
    W...........................................................          0.0043           1,230               5
    C...........................................................          0.0117           5,660              66
    E...........................................................          0.0026           2,550               7
Flathead sole:
    W...........................................................          0.0129           2,000              26
    C...........................................................          0.0097           5,000              49
    E...........................................................          0.0008           2,060               2
Flatfish shallow-water:
    W...........................................................          0.0260           4,500             117
    C...........................................................          0.0420          12,950             544
    E...........................................................          0.0106           1,950              21
Arrowtooth flounder:
    W...........................................................          0.0047           8,000              38
    C...........................................................          0.0206          25,000             515
    E...........................................................          0.0016           5,000               8
Sablefish:
    W trawl gear................................................          0.0023             402               1
    C trawl gear................................................          0.0384           1,082              44
    E trawl gear................................................          0.0236             271               7
Pacific Ocean perch:
    W...........................................................          0.0051           1,280               7
    C...........................................................          0.0692           9,610             655
    E...........................................................          0.0255           2,620              59
Shortraker/Rougheye:
    W...........................................................          0.0000             210               0
    C...........................................................          0.0145             930              13
    E...........................................................          0.0105             590               6
Other rockfish:
    W...........................................................          0.0000              20               0
    C...........................................................          0.0410             740               3
    E...........................................................          0.0000             250               0
Northern rockfish:
    W...........................................................          0.0005             600               0
    C...........................................................          0.0307           4,280             131
Pelagic shelf rockfish:
    W...........................................................          0.0004             550               0
    C...........................................................          0.0000           4,480               0
    E...........................................................          0.0066           1,350               9
Thornyhead rockfish:
    W...........................................................          0.0118             420               5
    C...........................................................          0.0118             970              11
    E...........................................................          0.0118             920              11
Demersal shelf rockfish:
    SEO.........................................................          0.0000             330               0
Atka mackerel:
    Gulfwide....................................................          0.0443             600              27
Other species:
    Gulfwide....................................................          0.0067          13,619              91
----------------------------------------------------------------------------------------------------------------

    PSC bycatch limits for non-exempt AFA catcher vessels in the GOA 
are based upon the ratio of aggregate retained groundfish catch by non-
exempt AFA catcher vessels in each PSC target category from 1995 
through 1997 relative to the retained catch of all vessels in that 
fishery from 1995 through 1997 (Sec. 679.63(b)(1)(iii)). These amounts 
are shown in Table 28.

[[Page 7308]]



      Table 28.--Final 2001 Non-Exempt AFA Catcher Vessel Prohibited Species Catch (PSC) Limits for the GOA
                                               [Values are in mt]
----------------------------------------------------------------------------------------------------------------
                                                                                                      2001 non-
                                                                                                      exempt AFA
                PSC species                    Taget fishery and Season       Ratio*      2001 PSC     catcher
                                                                                           limit      vessel PSC
                                                                                                        limit
----------------------------------------------------------------------------------------------------------------
Halibut (mortality in mt).................  Trawl 1st Seasonal Allowance--
                                             January 20-April 1.
                                            Shallow water targets........        0.340          350          119
                                            Deep water targets...........        0.070          100            7
                                            Trawl 2nd Seasonal Allowance--
                                             April 1-June 10.
                                            Shallow water................        0.340          100           34
                                            Deep water targets...........        0.070          300           21
                                            Trawl 3rd Seasonal Allowance--
                                             June 10-July 1.
                                            Shallow water targets........        0.340          250           85
                                            Deep water targets...........        0.070            0            0
                                            Trawl 4th Seasonal Allowance--
                                             July 1-October 1.
                                            Shallow water targets........        0.340          200           68
                                            Deep water targets...........
                                            Trawl 5th Seasonal Allowance--
                                             October 1-December 31.
                                            All targets..................        0.205          300          62
----------------------------------------------------------------------------------------------------------------
*Of 1995-1997 Non-Exempt AFA CV Retained Catch to Total Retained Catch.

Closures

    In accordance with Sec. 679.20(d)(1)(i), if the Regional 
Administrator determines that the amount of a target species or ``other 
species'' category apportioned to a fishery or, with respect to pollock 
and Pacific cod, to an inshore or offshore component allocation, will 
be reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group. If the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified GOA Regulatory Area or district 
(Sec. 679.20(d)(1)(iii)).
    The Regional Administrator has determined that the following TAC 
amounts (Table 29) are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2001 fishing year.

            Table 29.--Incidental Catch Needed To Support Other Directed Fisheries in the GOA in 2001
                                               [Amounts are in mt]
----------------------------------------------------------------------------------------------------------------
                 Target                         Regulatory Area             Gear/Component            Amount
----------------------------------------------------------------------------------------------------------------
Atka Mackerel...........................  Entire GOA................  All.......................             600
Thornyhead Rockfish.....................  Entire GOA................  All.......................           2,310
Shortraker Rougheye Rockfish............  Entire GOA................  All.......................           1,730
Other Rockfish..........................  Entire GOA................  All.......................           1,010
Sablefish...............................  Entire GOA................  Trawl.....................           1,755
Pollock.................................  Entire GOA................  All/offshore..............               0
Pollock.................................  Statistical Area 620......  All/inshore...............
                                                                      A Season..................             560
                                                                      B Season..................             280
----------------------------------------------------------------------------------------------------------------

    Consequently, in accordance with Sec. 679.20(d)(1)(i), the Regional 
Administrator establishes the directed fishing allowances for the above 
species or species groups as zero and in accordance with 
Sec. 679.20(d)(1)(iii) NMFS is prohibiting directed fishing for those 
species, areas, gear types, components, and seasons listed in Table 29.
    Regulations at Sec. 679.63(b)(iv) provide for management of AFA 
catcher vessel groundfish harvest limits and PSC bycatch limits using 
directed fishing closures and PSC closures according to procedures set 
out at Sec. 679.20(d)(1)(iv) and Sec. 679.21(d)(8). The Regional 
Administrator has determined that in addition to the closures listed 
above many of the non-exempt AFA catcher vessel sideboard amounts 
listed in Table 27 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2001 fishing year.In 
accordance with Sec. 679.20(d)(1)(iv) the Regional Administrator 
establishes these amounts as directed fishing allowances. The Regional 
Administrator finds that many of these directed fishing allowances will 
be reached before the end of the year. Therefore, in accordance with 
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-
exempt AFA catcher vessels in the GOA for the species and specified 
areas set out in Table 30.

   Table 30.--Non-Exempt AFA Catcher Vessel Sideboard Directed Fishing
                           Closures in the GOA
------------------------------------------------------------------------
             Species              Regulatory area/district      Gear
------------------------------------------------------------------------
Pacific cod.....................  E GOA...................  All.
Deep-water flatfish.............  W and E GOA.............  All.
Rex sole........................  W and E GOA.............  All.
Flathead sole...................  E GOA...................  All.
Shallow-water flatfish..........  E GOA...................  All.
Arrowtooth flounder.............  E GOA...................  All.
Pacific Ocean perch.............  W GOA...................  All.

[[Page 7309]]

 
Northern rockfish...............  W GOA...................  All.
Pelagic shelf rockfish..........  entire GOA..............  All.
Demersal shelf rockfish.........  SEO District............  All.
Other species...................  entire GOA..............  All.
------------------------------------------------------------------------

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator for 
Fisheries, NOAA (AA), has determined that this rule is necessary for 
the conservation and management of the groundfish fisheries of the BSAI 
and GOA. The Regional Administrator also determined that this proposed 
rule is consistent with the Magnuson-Stevens Act and other applicable 
laws.
    This action has been determined to be significant for purposes of 
E.O. 12866. This rule contains no reporting, recordkeeping, or 
compliance requirements, and no relevant Federal rules exist which may 
duplicate, overlap, or conflict with this proposed rule.
    Public Law 106-554, enacted December 21, 2000, required that the 
Secretary of Commerce amend the regulations governing the groundfish 
fisheries of the BSAI and GOA by January 20, 2001. The time available 
to meet this statutory deadline makes it impracticable to provide prior 
notice and an opportunity for public comment. Therefore, there is good 
cause to waive those requirements pursuant to 5 U.S.C. 553(b)(2). For 
the same reason there is good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553(b)(3). Because this rule is not 
subject to the requirement to provide notice or an opportunity for 
comment by 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not 
applicable. Thus, no initial or final regulatory flexibility analysis 
has been prepared. However, because this rule is considered 
economically significant, the following economic discussion is 
provided.
    The RPA will reduce the likelihood of western Steller sea lion 
extinction. Many persons value the existence of the Steller sea lions, 
either because they value the species for itself or they value the 
species contribution to ecosystem diversity. This ``existence value'' 
should be counted in a benefit-cost analysis. Similarly, the reduced 
likelihood of extinction has value for those who would use Steller 
stocks for subsistence hunting or ecotourism. No studies have been 
conducted to determine the size of these benefits from Steller sea lion 
preservation.
    The RPA global control rule may lead to direct reductions in the 
harvest of pollock, Pacific cod, and Atka mackerel. The RPA also 
contains provisions that will increase operating costs for fishing 
operations and possibly reduce revenues through impacts on product 
quality. These increased costs and decreased revenues are also likely 
to lead to reduced harvests. Fishing and processing operations will 
thus find their net revenues reduced because of increased costs and 
reduced production and quality. Production decreases should lead to 
product price increases that may offset these losses in part. 
Production decreases will also be associated with welfare losses to 
U.S. consumers. Increases in management complexity will lead to 
increased costs for fishery management. Many of the areas where fishing 
will be restricted are heavily used by small vessels; serious safety 
issues will be raised if these vessels are forced to fish further 
offshore.
    Due to extremely limited information on the costs of fishing and on 
the responsiveness of prices to changes in production, it has not been 
possible to do a complete benefit and cost analysis. A simulation model 
has been used to estimate the change in gross revenues the processing 
and fishing industries may face if the RPA is adopted. This model 
evaluates revenue changes due to production changes, but does not 
estimate price-related impacts. If fishermen are totally unable to 
compensate for reduced harvests in restricted times and places by 
fishing elsewhere, the simulation indicates that industry revenues 
would drop by about $401 million/year. It is much more likely that the 
industry will be able to compensate, at least to some extent by 
changing its fishing patterns. Under one set of assumptions about the 
industry's ability to compensate, revenues were found to drop by about 
$225 million/year. These changes are for gross revenues, not net 
revenues. A high degree of uncertainty surrounds these estimates; 
however, they may provide a sense of the magnitudes of the impacts 
associated with the RPA. Many factors discussed earlier are not 
accounted for by these revenue change estimates.
    While the benefits of this RPA will be distributed widely through 
the U.S. population, the costs will be heavily concentrated on the 
fishing industry and on the communities dependent on it. Community 
impacts on Kodiak Island, the Alaska Peninsula and the Aleutians are 
expected to be severe. These communities are small, remote, generally 
without road access to other places, and, with few alternative 
employment opportunities, are heavily dependent on fishing.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. These 
regulations have been drafted to comply with that directive. We seek 
public comment on any ambiguity or unnecessary complexity arising from 
the language used in this rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 16, 2001.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 is revised to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31; 
113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106-554.

    2. In Sec. 679.2 the definitions for ``Appointed agent for service 
of process'', ``Designated cooperative representative'', and under 
paragraph (4) the definition of ``Directed fishing'' are added in 
alphabetical order to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Appointed agent for service of process (applicable through December 
31, 2001) means an agent appointed by the members of an inshore catcher 
vessel cooperative to serve on behalf of the cooperative. The appointed 
agent for service of process may be the owner of a vessel listed as a 
member of the cooperative or a registered agent. If at any time the 
cooperative's appointed agent for service of process becomes unable to 
accept service, then the cooperative members are required to notify the 
Regional Administrator of a substitute appointed agent.
* * * * *
    Designated cooperative representative (applicable through December 
31, 2001) means an individual who is designated

[[Page 7310]]

by the members of an inshore pollock cooperative to fulfill 
requirements on behalf of the cooperative including, but not limited 
to, the signing of cooperative fishing permit applications and 
completing and submitting inshore catcher vessel pollock cooperative 
catch reports.
* * * * *
    Directed fishing means * * *
    (4) (applicable through December 31, 2001) With respect to the 
harvest of groundfish by AFA catcher/processors and AFA catcher 
vessels, any fishing activity that results in the retention of an 
amount of a species or species group on board a vessel that is greater 
than the maximum retainable bycatch amount for that species or species 
group as calculated under Sec. 679.20.
* * * * *

    3. In Sec. 679.4, paragraph (l) is added to read as follows:


Sec. 679.4  Permits.

* * * * *
    (l) AFA permits (applicable through December 31, 2001)--(1) 
General--(i) Applicability. In addition to any other permit and 
licensing requirements set out in this part, any vessel used to engage 
in directed fishing for a non-CDQ allocation of pollock in the BSAI and 
any shoreside processor, stationary floating processor, or mothership 
that receives pollock harvested in a non-CDQ directed pollock fishery 
in the BSAI must have a valid AFA permit onboard the vessel or at the 
facility location at all times while non-CDQ pollock is being harvested 
or processed. An AFA permit does not exempt a vessel operator, vessel, 
or processor from any other applicable permit or licensing requirement 
required under this part or in other state or Federal regulations.
    (ii) Duration. Except as provided in paragraph (l)(6)(iv) of this 
section, and unless suspended or revoked, AFA vessel and processor 
permits are valid until December 31, 2004.
    (iii) Application for permit. NMFS will issue AFA vessel and 
processor permits to the current owner(s) of a qualifying vessel or 
processor if the owner(s) submits to the Regional Administrator a 
completed AFA permit application that is subsequently approved.
    (iv) Amended permits. AFA vessel and processor permits may not be 
used on or transferred to any vessel or processor that is not listed on 
the permit. However, AFA permits may be amended to reflect any change 
in the ownership of the vessel or processor. An application to amend an 
AFA permit must include the following:
    (A) The original AFA permit to be amended, and
    (B) A completed AFA permit application signed by the new vessel or 
processor owner.
    (2) AFA catcher/processor permits --(i) Unrestricted. NMFS will 
issue to an owner of a catcher/processor an unrestricted AFA catcher/
processor permit if the catcher/processor is one of the following (as 
listed in AFA paragraphs 208(e)(1) through (20)):

AMERICAN DYNASTY (USCG documentation number 951307);
KATIE ANN (USCG documentation number 518441);
AMERICAN TRIUMPH (USCG documentation number 646737);
NORTHERN EAGLE (USCG documentation number 506694);
NORTHERN HAWK (USCG documentation number 643771);
NORTHERN JAEGER (USCG documentation number 521069);
OCEAN ROVER (USCG documentation number 552100);
ALASKA OCEAN (USCG documentation number 637856);
ENDURANCE (USCG documentation number 592206);
AMERICAN ENTERPRISE (USCG documentation number 594803);
ISLAND ENTERPRISE (USCG documentation number 610290);
KODIAK ENTERPRISE (USCG documentation number 579450);
SEATTLE ENTERPRISE (USCG documentation number 904767);
US ENTERPRISE (USCG documentation number 921112);
ARCTIC STORM (USCG documentation number 903511);
ARCTIC FJORD (USCG documentation number 940866);
NORTHERN GLACIER (USCG documentation number 663457);
PACIFIC GLACIER (USCG documentation number 933627);
HIGHLAND LIGHT (USCG documentation number 577044);
STARBOUND (USCG documentation number 944658).

    (ii) Restricted. NMFS will issue to an owner of a catcher/processor 
a restricted AFA catcher/processor permit if the catcher/processor is 
not listed in Sec. 679.4(l)(2)(i) and is determined by the Regional 
Administrator to have harvested more than 2,000 mt of pollock in the 
1997 BSAI directed pollock fishery.
    (3) AFA catcher vessel permits. NMFS will issue to an owner of a 
catcher vessel an AFA catcher vessel permit containing sector 
endorsements and sideboard restrictions upon receipt and approval of a 
completed application for an AFA catcher vessel permit.
    (i) Qualifying criteria--(A) Catcher vessels delivering to catcher/
processors. NMFS will endorse an AFA catcher vessel permit to authorize 
directed fishing for pollock for delivery to a catcher/processor if the 
catcher vessel:
    (1) Is one of the following (as listed in paragraphs 208(b)(1) 
through (7) of the AFA):

AMERICAN CHALLENGER (USCG documentation number 633219);
FORUM STAR (USCG documentation number 925863);
MUIR MILACH (USCG documentation number 611524);
NEAHKAHNIE (USCG documentation number 599534);
OCEAN HARVESTER (USCG documentation number 549892);
SEA STORM (USCG documentation number 628959);
TRACY ANNE (USCG documentation number 904859); or

    (2) Is not listed in Sec. 679.4(l)(3)(i)(A)(1) and is determined by 
the Regional Administrator to have delivered at least 250 metric tons 
and at least 75 percent of the pollock it harvested in the directed 
BSAI pollock fishery in 1997 to catcher/processors for processing by 
the offshore component.
    (B) Catcher vessels delivering to AFA motherships. NMFS will 
endorse an AFA catcher vessel permit to authorize directed fishing for 
pollock for delivery to an AFA mothership if the catcher vessel:
    (1) Is one of the following (as listed in paragraphs 208(c)(1) 
through (19) and subsection 211(e) of the AFA):

ALEUTIAN CHALLENGER (USCG documentation number 603820);
ALYESKA (USCG documentation number 560237);
AMBER DAWN (USCG documentation number 529425);
AMERICAN BEAUTY (USCG documentation number 613847);
CALIFORNIA HORIZON (USCG documentation number 590758);
MAR-GUN (USCG documentation number 525608);
MARGARET LYN (USCG documentation number 615563);
MARK I (USCG documentation number 509552);
MISTY DAWN (USCG documentation number 926647);
NORDIC FURY (USCG documentation number 542651);
OCEAN LEADER (USCG documentation number 561518);
OCEANIC (USCG documentation number 602279);
PACIFIC ALLIANCE (USCG documentation number 612084);
PACIFIC CHALLENGER (USCG documentation number 518937);
PACIFIC FURY (USCG documentation number 561934);
PAPADO II (USCG documentation number 536161);

[[Page 7311]]

TRAVELER (USCG documentation number 929356);
VESTERAALEN (USCG documentation number 611642);
WESTERN DAWN (USCG documentation number 524423);
LISA MARIE (USCG documentation number 1038717); or

    (2) Is not listed in Sec. 679.4(l)(3)(i)(B)(1) and is determined by 
the Regional Administrator to have delivered at least 250 mt of pollock 
for processing by motherships in the offshore component of the BSAI 
directed pollock fishery in any one of the years 1996 or 1997, or 
between January 1, 1998, and September 1, 1998, and is not eligible for 
an endorsement to deliver pollock to catcher/processors under 
Sec. 679.4(l)(3)(i)(A).
    (C) Catcher vessels delivering to AFA inshore processors. NMFS will 
endorse an AFA catcher vessel permit to authorize directed fishing for 
pollock for delivery to an AFA inshore processor if the catcher vessel:
    (1) Is the LISA MARIE (USCG documentation number 1038717); or
    (2) is not eligible for an endorsement to deliver pollock to 
catcher/processors under Sec. 679.4(l)(3)(i)(A), and:
    (i) Is determined by the Regional Administrator to have delivered 
at least 250 mt of pollock harvested in the directed BSAI pollock 
fishery for processing by the inshore component in any one of the years 
1996 or 1997, or between January 1, 1998, and September 1, 1998; or
    (ii) Is less than 60 ft (18.3 m) LOA and is determined by the 
Regional Administrator to have delivered at least 40 mt of pollock 
harvested in the directed BSAI pollock fishery for processing by the 
inshore component in any one of the years 1996 or 1997, or between 
January 1, 1998 and September 1, 1998.
    (ii) Application for AFA catcher vessel permit. A completed 
application for an AFA catcher vessel permit must contain:
    (A) Vessel information. The vessel name, ADF&G registration number, 
USCG documentation number, vessel telephone number (if any), gross 
tons, shaft horsepower, and registered length (in feet);
    (B) Owner information. Owner name(s), tax ID number(s), business 
mailing address(es), business telephone number(s), business fax 
number(s), business e-mail address(es), and managing company (if any);
    (C) Vessel AFA qualification information. AFA catcher vessel permit 
endorsement(s) requested; and
    (D) Vessel crab activity information required for crab sideboard 
endorsements. The owner of an AFA catcher vessel wishing to participate 
in any BSAI king or Tanner crab fishery must apply for a crab sideboard 
endorsement authorizing the catcher vessel to retain that crab species. 
An AFA catcher vessel permit may be endorsed for a crab species if the 
owner requests a crab sideboard endorsement, provides supporting 
documentation that the catcher vessel made the required legal 
landing(s) of a crab species, and the Regional Administrator verifies 
the legal landing(s) according to the following criteria:
    (1) Bristol Bay Red King Crab (BBRKC): A legal landing of any BSAI 
king or Tanner crab species in 1996, 1997, or on or before February 7, 
1998. A BBRKC sideboard endorsement also authorizes a vessel to retain 
Bairdi Tanner crab harvested during the duration of a BBRKC opening if 
the vessel is otherwise authorized to retain Bairdi Tanner crab while 
fishing for BBRKC under state and Federal regulations.
    (2) St. Matthew Island blue king crab: A legal landing of St. 
Matthew Island blue king crab in that fishery in 1995, 1996, or 1997.
    (3) Pribilof Island red and blue king crab: A legal landing of 
Pribilof Island blue or red king crab in that fishery in 1995, 1996, or 
1997.
    (4) Aleutian Islands (Adak) brown king crab: A legal landing of 
Aleutian Islands brown king crab during in each of the 1997/1998 and 
1998/1999 fishing seasons.
    (5) Aleutian Islands (Adak) red king crab: A legal landing of 
Aleutian Islands red king crab in each of the 1995/1996 and 1998/1999 
fishing seasons.
    (6) Opilio Tanner crab: A legal landing of Chionoecetes(C.) opilio 
Tanner crab in each of 4 or more years from 1988 to 1997.
    (7) Bairdi Tanner crab: A legal landing of C. bairdi Tanner crab in 
1995 or 1996.
    (E) Vessel exemptions from AFA catcher vessel groundfish sideboard 
directed fishing closures. An AFA catcher vessel permit may contain 
exemptions from certain groundfish sideboard directed fishing closures. 
If a vessel owner is requesting an exemption from groundfish sideboard-
directed closures, the application must provide supporting 
documentation that the catcher vessel qualifies for the exemption based 
on the criteria set out below. The Regional Administrator will review 
the vessel's catch history according to the following criteria:
    (1) BSAI Pacific cod. For a catcher vessel to qualify for an 
exemption from AFA catcher vessel sideboards in the BSAI Pacific cod 
fishery, the catcher vessel must be less than 125 ft LOA, have 
harvested a combined total of less than 5,100 mt of BSAI pollock, and 
have made 30 or more legal landings of Pacific cod in the BSAI directed 
fishery for Pacific cod during the combined years 1995, 1996, and 1997.
    (2) GOA groundfish species. For a catcher vessel to qualify for an 
exemption from AFA catcher vessel sideboards in the GOA groundfish 
fisheries, the catcher vessel must be less than 125 ft LOA, have 
harvested a combined total of less than 5,100 mt of BSAI pollock and 
made 40 or more legal landings of GOA groundfish during the combined 
years 1995, 1996, and 1997.
    (F) Certification of notary and applicant. Owner signature(s), date 
of signature, printed name(s), and stamp and signature of a notary 
public.
    (4) AFA mothership permits. NMFS will issue to an owner of a 
mothership an AFA mothership permit if the mothership is one of the 
following (as listed in paragraphs 208(d)(1) through (3) of the AFA):

EXCELLENCE (USCG documentation number 967502);
GOLDEN ALASKA (USCG documentation number 651041); and
OCEAN PHOENIX (USCG documentation number 296779).

    (i) Cooperative processing endorsement. The owner of an AFA 
mothership who wishes to process pollock harvested by a fishery 
cooperative formed under Sec. 679.60 must apply for and receive a 
cooperative processing endorsement on the vessel's AFA mothership 
permit.
    (ii) Application for AFA mothership permit. A completed application 
for an AFA mothership permit must contain:
    (A) Type of permit requested. Type of processor and whether 
requesting an AFA co-operative endorsement.
    (B) Mothership information. The mothership name, ADF&G processor 
code, USCG documentation number, Federal fisheries permit number, gross 
tons, shaft horsepower, and registered length (in feet), and business 
telephone number, business FAX number, and business e-mail address used 
onboard the mothership.
    (C) Owner information. Owner name(s), tax ID number(s), business 
mailing address(es), business telephone number(s), business fax 
number(s), business e-mail address(es), and managing company (if any);
    (D) AFA entity/AFA crab facility ownership information. If the 
applicant is applying for a cooperative pollock processing endorsement, 
the AFA mothership application must identify all of the individuals, 
corporations or other

[[Page 7312]]

entities that comprise the AFA entity that owns the inshore processor, 
and also must list the name, type of facility, ADF&G processor code, 
and nature and percentage of ownership or control of each of each AFA 
crab facility that is associated with such AFA entity; and
    (E) Certification of notary and applicant. Owner signature(s), date 
of signature, printed name(s), and notary stamp and signature of a 
notary public.
    (5) AFA inshore processor permits. NMFS will issue to an owner of a 
shoreside processor or stationary floating processor an AFA inshore 
processor permit upon receipt and approval of a completed application.
    (i) Qualifying criteria--(A) Unrestricted processors. NMFS will 
issue an unrestricted AFA inshore processor permit to a shoreside 
processor or stationary floating processor if the Regional 
Administrator determines that the processor facility processed annually 
more than 2,000 mt round-weight of pollock harvested in the inshore 
component of the directed BSAI pollock fishery during each of 1996 and 
1997.
    (B) Restricted processors. NMFS will issue a restricted AFA inshore 
processor permit to a shoreside processor or stationary floating 
processor if the Regional Administrator determines that the facility 
processed pollock harvested in the inshore component of the directed 
BSAI pollock fishery during 1996 or 1997, but did not process annually 
more than 2,000 mt round-weight of BSAI pollock during each of 1996 and 
1997.
    (ii) Cooperative processing endorsement. The owner of an AFA 
inshore processor who wishes to process pollock harvested by a fishery 
cooperative formed under Sec. 679.61 must apply for and receive a 
cooperative processing endorsement on the AFA inshore processor permit.
    (iii) Single geographic location requirement. An AFA inshore 
processor permit authorizes the processing of pollock harvested in the 
BSAI directed pollock fishery in only a single geographic location 
during a fishing year. For the purpose of this paragraph, single 
geographic location means:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed BSAI pollock harvested in the 
BSAI directed pollock fishery during a fishing year;
    (B) Stationary floating processors. A location within Alaska state 
waters that is within 5 nm of the position in which the stationary 
floating processor first processed BSAI pollock harvested in the BSAI 
directed pollock fishery during a fishing year.
    (iv) Application for permit. A completed application for an AFA 
inshore processor permit must contain:
    (A) Type of permit requested. Type of processor, whether requesting 
an AFA cooperative endorsement, and amount of BSAI pollock processed in 
1996 and 1997;
    (B) Stationary floating processor information. The vessel name, 
ADF&G processor code, USCG documentation number, Federal processor 
permit number, gross tons, shaft horsepower, registered length (in 
feet), and business telephone number, business FAX number, and business 
E-mail address used onboard the vessel.
    (C) Shoreside processor information. The processor name, Federal 
processor permit number, ADF&G processor code, business street address; 
business telephone and FAX numbers, and business e-mail address.
    (D) Owner information. Owner name(s), tax ID number(s), business 
mailing address(es), business telephone number(s), business fax 
number(s), business e-mail address(es), and managing company (if any);
    (E) AFA entity/AFA crab facility ownership information. If the 
applicant is applying for a cooperative pollock processing endorsement, 
the AFA inshore processor application must identify all of the 
individuals, corporations or other entities that comprise the AFA 
entity that owns the inshore processor, and also must list the name, 
type of facility, ADF&G processor code, and nature and percentage of 
ownership or control of each AFA crab facility that is associated with 
such AFA entity; and
    (F) Certification of notary and applicant. Owner signature(s), date 
of signature, printed name(s), and notary stamp and signature of a 
notary public.
    (6) Inshore cooperative fishing permits--(i) General. NMFS will 
issue to an inshore catcher vessel cooperative formed under section 1 
of the Act of June 25, 1934 (15 U.S.C. 521) for the purpose of 
cooperatively managing directed fishing for pollock for processing by 
an AFA inshore processor an AFA inshore cooperative fishing permit upon 
receipt and approval of a completed application.
    (ii) Application for permit. A completed application for an inshore 
cooperative fishing permit must contain the following information:
    (A) Cooperative contact information. Name of cooperative; name of 
cooperative representative; and business mailing address, business 
telephone number, business fax number, and business e-mail address of 
the cooperative;
    (B) Designated cooperative processor. The name and physical 
location of AFA Inshore Processor that is designated in the cooperative 
contract as the processor to whom the cooperative has agreed to deliver 
at least 90 percent of its BSAI pollock catch. If the processor is a 
stationary floating processor, the single geographic location (latitude 
and longitude) at which the processor will process BSAI pollock under 
the AFA; and Federal processor permit number of the AFA inshore 
processor;
    (C) Cooperative contract information. A copy of the cooperative 
contract and a written certification that:
    (1) The contract was signed by the owners of at least 80 percent of 
the qualified catcher vessels. For the purpose of this paragraph, a 
catcher vessel is a qualified catcher vessel if:
    (i) it delivered more pollock harvested in the BSAI inshore 
directed pollock fishery to the AFA inshore processor designated under 
paragraph (l)(6)(ii)(B) of this section than to any other shoreside 
processor or stationary floating processor during the year prior to the 
year in which the cooperative fishing permit will be in effect; and
    (ii) the owner(s) of the catcher vessel in question has submitted a 
completed application for an AFA catcher vessel permit to the Regional 
Administrator that was received on or before December 31, 1999 and 
which is not subsequently denied.
    (2) The cooperative contract requires that the cooperative deliver 
at least 90 percent of its BSAI pollock catch to its designated AFA 
processor; and
    (3) Each catcher vessel in the cooperative is a qualified catcher 
vessel and is otherwise eligible to fish for groundfish in the BSAI, 
has an AFA catcher vessel permit with an inshore endorsement, and has 
no permit sanctions or other type of sanctions against it that would 
prevent it from fishing for groundfish in the BSAI;
    (D) Business review letter. A copy of a letter from a party to the 
contract requesting a business review letter on the fishery cooperative 
from the Department of Justice, and any response to such request;
    (E) Vessel information. For each cooperative catcher vessel member: 
Vessel name, ADF&G registration number, USCG documentation number, AFA 
permit number; and
    (F) Certification of notary and applicant. Signature and printed 
name of cooperative representative, date of signature, and notary stamp 
or seal of a notary public.

[[Page 7313]]

    (iii) Duration of cooperative fishing permits. Inshore cooperative 
fishing permits are valid for 1 calendar year.
    (iv) Add or subtract vessels to a cooperative fishing permit. The 
cooperative representative must submit a new application to add or 
subtract a catcher vessel to or from an inshore cooperative fishing 
permit to the Regional Administrator prior to the application deadline. 
Upon approval by the Regional Administrator, NMFS will issue an amended 
cooperative fishing permit.
    (v) Application deadline. An inshore cooperative fishing permit 
application and any subsequent contract amendments that add or subtract 
vessels must be received by the Regional Administrator by December 1 
prior to the year in which the inshore cooperative fishing permit will 
be in effect. Inshore cooperative fishing permit applications or 
amendments to inshore fishing cooperative permits received after 
December 1 will not be accepted by the Regional Administrator for the 
subsequent fishing year.
    (7) Replacement vessels. (i) In the event of the actual total loss 
or constructive total loss of an AFA catcher vessel, AFA mothership, or 
AFA catcher/processor, the owner of such vessel may replace such vessel 
with a replacement vessel. The replacement vessel will be eligible in 
the same manner as the original vessel after submission and approval of 
an application for an AFA replacement vessel provided that:
    (A) Such loss was caused by an act of God, an act of war, a 
collision, an act or omission of a party other than the owner or agent 
of the vessel, or any other event not caused by the willful misconduct 
of the owner or agent;
    (B) The replacement vessel was built in the United States and if 
ever rebuilt, was rebuilt in the United States;
    (C) The USCG certificate of documentation with fishery endorsement 
for the replacement vessel is issued within 36 months of the end of the 
last year in which the eligible vessel harvested or processed pollock 
in the directed pollock fishery;
    (D) If the eligible vessel is greater than 165 ft (50.3 m) in 
registered length, or more than 750 gross registered tons, or has 
engines capable of producing more than 3,000 shaft horsepower, the 
replacement vessel is of the same or lesser registered length, gross 
registered tons, and shaft horsepower;
    (E) If the eligible vessel is less than 165 ft (50.3 m) in 
registered length, of fewer than 750 gross registered tons, and has 
engines incapable of producing more than 3,000 shaft horsepower, the 
replacement vessel is less than each of such thresholds and does not 
exceed by more than 10 percent the registered length, gross registered 
tons or shaft horsepower of the eligible vessel; and
    (F) If the replacement vessel is already an AFA catcher vessel, the 
inshore cooperative catch history of both vessels may be merged in the 
replacement vessel for the purpose of determining inshore cooperative 
allocations except that a catcher vessel with an endorsement to deliver 
pollock to AFA catcher/processors may not be simultaneously endorsed to 
deliver pollock to AFA motherships or AFA inshore processors.
    (ii) Application for permit. A completed application for an AFA 
permit for replacement vessel must contain:
    (A) Identification of lost AFA eligible vessel.
    (1) Name, ADF&G vessel registration number, USCG documentation 
number, AFA permit number, gross tons, shaft horsepower, and registered 
length from USCG documentation of the vessel;
    (2) Name(s), tax ID number(s), business mailing address(es), 
telephone number(s), FAX number(s), and e-mail address(es) of owner(s);
    (3) Last year in which this vessel harvester or processed pollock 
in a BSAI directed pollock fishery; and
    (4) Description of how the vessel was lost or destroyed. Attach a 
USCG Form 2692 or insurance papers to verify the claim.
    (B) Identification of replacement vessel.
    (1) Name, ADF&G vessel registration number, USCG documentation 
number, gross tons, shaft horsepower, registered length, net tons, and 
length overall (in feet) from USCG documentation, and Federal Fisheries 
Permit number of the vessel;
    (2) Name(s), tax ID number(s), business mailing address(es), 
business telephone number(s), business FAX number(s), and business e-
mail address(es) of the owner(s);
    (3) YES or NO indication of whether the vessel was built in the 
United States; and
    (4) YES or NO indication of whether the vessel has ever been 
rebuilt, and if so whether it was rebuilt in the United States.
    (C) Certification of applicant and notary. Signature(s) and printed 
name(s) of owner(s) and date of signature; signature, notary stamp or 
seal of notary public, and date notary commission expires.
    (8) Application evaluations and appeals--(i) Initial evaluation. 
The Regional Administrator will evaluate an application for an AFA 
fishing or processing permit submitted in accordance with this 
paragraph (l) and compare all claims in the application with the 
information in the official AFA record. Claims in the application that 
are consistent with information in the official AFA record will be 
accepted by the Regional Administrator. Inconsistent claims in the 
application, unless supported by evidence, will not be accepted. An 
applicant who submits inconsistent claims or fails to submit the 
information specified in the application for an AFA permit will be 
provided a 60-day evidentiary period to submit the specified 
information, submit evidence to verify the applicant's inconsistent 
claims, or submit a revised application with claims consistent with 
information in the official AFA record. An applicant who submits claims 
that are inconsistent with information in the official AFA record has 
the burden of proving that the submitted claims are correct.
    (ii) Additional information and evidence. The Regional 
Administrator will evaluate additional information or evidence to 
support an applicant's inconsistent claims submitted within the 60-day 
evidentiary period. If the Regional Administrator determines that the 
additional information or evidence meets the applicant's burden of 
proving that the inconsistent claims in his or her application are 
correct, the official AFA record will be amended and the information 
will be used in determining whether the applicant is eligible for an 
AFA permit. However, if the Regional Administrator determines that the 
additional information or evidence does not meet the applicant's burden 
of proving that the inconsistent claims in his or her application is 
correct, the applicant will be notified by an initial administrative 
determination that the applicant did not meet the burden of proof to 
change information in the official AFA record.
    (iii) Sixty-day evidentiary period. The Regional Administrator will 
specify by letter a 60-day evidentiary period during which an applicant 
may provide additional information or evidence to support the claims 
made in his or her application, or to submit a revised application with 
claims consistent with information in the official AFA record, if the 
Regional Administrator determines that the applicant did not meet the 
burden of proving that the information on the application is correct 
through evidence provided with the application. Also, an applicant who 
fails to submit required information will have 60 days to provide that 
information. An applicant will be

[[Page 7314]]

limited to one 60-day evidentiary period. Additional information or 
evidence, or a revised application received after the 60-day 
evidentiary period specified in the letter has expired will not be 
considered for the purposes of the initial administrative 
determination.
    (iv) Initial administrative determinations (IAD). The Regional 
Administrator will prepare and send an IAD to the applicant following 
the expiration of the 60-day evidentiary period if the Regional 
Administrator determines that the information or evidence provided by 
the applicant fails to support the applicant's claims and is 
insufficient to rebut the presumption that the official AFA record is 
correct, or if the additional information, evidence, or revised 
application is not provided within the time period specified in the 
letter that notifies the applicant of his or her 60-day evidentiary 
period. The IAD will indicate the deficiencies in the application, 
including any deficiencies with the information, the evidence submitted 
in support of the information, or the revised application. The IAD also 
will indicate which claims cannot be approved based on the available 
information or evidence. An applicant who receives an IAD may appeal 
under the appeals procedures set out at Sec. 679.43. An applicant who 
avails himself or herself of the opportunity to appeal an IAD will 
receive an interim AFA permit that authorizes a person to participate 
in an AFA pollock fishery, and will have the specific endorsements and 
designations based on the claims in his or her application. An interim 
AFA permit will expire upon final agency action.
    (v) Effect of cooperative allocation appeals. An AFA inshore 
cooperative may appeal the pollock quota share issued to the 
cooperative under Sec. 679.61; however, final agency action on the 
appeal must occur prior to December 15 for the results of the appeal to 
take effect during the subsequent fishing year.
* * * * *

    4. In Sec. 679.5, paragraphs (a)(4)(iv), (f)(3), (f)(4), 
(i)(1)(iii), and (o) are added to read as follows:


Sec. 679.5  Recordkeeping and reporting.

    (a) * * *
    (4) * * *
    (iv) Shoreside processor electronic logbook report. (Applicable 
through December 31, 2001.) The manager of a shoreside processor or 
stationary floating processor receiving groundfish from AFA catcher 
vessels must use NMFS-approved software to report catcher vessel 
deliveries to NMFS as required under this section, and maintain the 
shoreside processor electronic logbook report described at paragraph 
(f)(3) of this section, and printed reports required under this section 
to record the information described at paragraph (f)(4) of this 
section. The owner of a shoreside processor or stationary floating 
processor is responsible for compliance and must ensure that the 
operator, manager, or representative complies with the requirements of 
this paragraph described at paragraph (f)(3) of this section.
* * * * *
    (f) * * *
    (3) Shoreside processor electronic logbook report--(Applicable 
through December 31, 2001.) (i) Requirement. The manager of a shoreside 
processor or stationary floating processor that receives deliveries of 
groundfish from one or more AFA catcher vessels must record in and 
submit a shoreside processor electronic logbook report for each catcher 
vessel delivery and must print and retain reports required under this 
section for the duration of the fishing year.
    (ii) Applicability. (A) Processors that use the shoreside processor 
electronic logbook to record all deliveries and that receive from NMFS 
an electronic return receipt for each delivery report are exempt from 
the requirement to maintain shoreside processor DCPLs as described at 
paragraph (f)(1) and (f)(2) of this section and are exempt from the 
requirement to submit quarterly DCPL logsheets to NMFS Enforcement as 
described at paragraph (a)(14)(iii)(A) of this section.
    (B) Processors that submit the shoreside processor electronic 
logbook report and that receive from NMFS an electronic return receipt 
for each delivery report are exempt from the requirement to maintain 
and submit WPRs to the Regional Administrator as described at paragraph 
(i) of this section.
    (C) Processors that submit the shoreside processor electronic 
logbook report, receive from NMFS a return receipt for each delivery 
report, and that are receiving deliveries of fish under a CDQ program 
are exempt from the requirement to submit CDQ delivery reports to the 
Regional Administrator as described at paragraph (n)(1) of this 
section.
    (iii) Time limit and submittal. (A) The shoreside processor 
electronic logbook report must be submitted daily to NMFS as an 
electronic file. A dated return-receipt will be generated and sent by 
NMFS to the processor confirming receipt and acceptance of the report. 
Processors must retain the return receipt as proof of report 
submission. If a processor does not receive a return receipt from NMFS, 
the processor must contact NMFS within 24 hours for further instruction 
on submission of electronic logbook reports.
    (B) Information entered daily and described at 
Sec. 679.5(f)(3)(iv)(B) must be entered each day on the day they occur.
    (C) Information for each delivery described at 
Sec. 679.5(f)(3)(iv)(C) must be submitted to NMFS by noon of the 
following day for each delivery of groundfish.
    (iv) Information required. The manager must enter the following 
information into the shoreside processor electronic logbook:
    (A) Information entered once (at software installation) or whenever 
it changes:
    (1) Shoreside processor name, ADF&G processor code, Federal 
processor permit number, and processor e-mail address;
    (2) State port code;
    (3) Name, telephone and FAX numbers of representative.
    (B) Information entered daily:
    (1) Indicate if no deliveries or no production;
    (2) Number of observers on site;
    (3) Whether harvested in BSAI or GOA;
    (4) Product by species code, product code, and whether primary, 
ancillary, or reprocessed/rehandled;
    (5) Product weight (in lb or mt).
    (C) Information entered for each delivery:
    (1) Date fishing began and delivery date;
    (2) Vessel name (optional) and ADF&G number;
    (3) Whether delivery is from a buying station;
    (4) If received from a buying station:
    (i) Type: vessel, vehicle, or other.
    (ii) Name of buying station and date received by buying station.
    (iii) If a vessel, ADF&G number.
    (iv) If a vehicle, license plate number.
    (v) If other, description;
    (5) Whether a discard DFL was received from catcher vessel; if 
discard DFL not received, reason given;
    (6) ADF&G fish ticket number of delivery;
    (7) Management program name and identifying number (whether CDQ, 
research program, experimental fishery, IFQ, or AFA coop);
    (8) Gear type of harvester;
    (9) Landed species by species code, product code, and weight (in 
pounds or mt) for each species of each delivery;

[[Page 7315]]

    (10) Discard or disposition species by species code, product code, 
and weight (in pounds or mt) of groundfish or PSC herring;
    (11) Discard or disposition species by species code, product code, 
and count (in numbers of animals) of PSC halibut, salmon, or crab;
    (12) If a CDQ delivery, discard or disposition species by species 
code, product code, weight (in pounds or mt) and count of PSQ halibut;
    (13) ADF&G statistical area(s) where fishing occurred; and 
estimated percentage of total delivered weight corresponding to each 
area.
    (4) Shoreside processor electronic logbook printed reports. (i) The 
manager must output at the processing plant daily reports of the 
shoreside processor electronic logbook in two formats generated by the 
required software onto paper consisting of a Shoreside Logbook Daily 
Production Report and a Delivery Worksheet. The processor must maintain 
copies of both of these printouts throughout the fishing year and must 
make them available to observers, NMFS personnel, and authorized 
officers upon request.
    (ii) Information required--(A) Delivery worksheet. Name of 
processor; ADF&G fish ticket number; management program name (whether 
CDQ, research program, experimental fishery, IFQ, or cooperative) and 
identifying number; catcher vessel name (optional) and ADF&G vessel 
number; date fishing began; delivery date; gear type by harvester; 
landed species by species code and product code and weight (in lb) for 
each species of each delivery; ADF&G statistical area and percentage of 
total delivered weight in each area, Federal reporting area; discard or 
disposition by species code and product code; weight of each discard or 
disposition species (in lb), number of each discard or disposition 
species (in lb) (if groundfish or herring); number of each species 
discard or disposition species if PSC halibut, salmon or crab.
    (B) Shoreside logbook daily production. Processor name; Federal 
processor number; ADF&G processor code; date; number of observers on 
site; indicate if no production and/or no deliveries; last sent date; 
last modified date; product by species code and product code whether 
primary, ancillary, or reprocessed/rehandled; and product weight in lb.
* * * * *
    (i) Weekly production report (WPR). * * *
    (1) * * *
    (iii) (applicable through December 31, 2001) If a shoreside 
processor or stationary floating processor and if using software 
approved by the Regional Administrator as described in 
Sec. 679.5(f)(3), the shoreside processor or stationary floating 
processor is exempt from the requirements to submit a WPR.
* * * * *
    (o) Catcher vessel cooperative pollock catch report. (Applicable 
through December 31, 2001.) (1) Applicability. The designated 
representative of each AFA inshore processor catcher vessel cooperative 
must submit to the Regional Administrator a catcher vessel cooperative 
pollock catch report detailing each delivery of pollock harvested under 
the allocation made to that cooperative. The owners of the member 
catcher vessels in the cooperative are jointly responsible for 
compliance and must ensure that the designated representative complies 
with the applicable recordkeeping and reporting requirements of this 
section.
    (2) Time limits and submittal. (i) The cooperative pollock catch 
report must be submitted by one of the following methods:
    (A) an electronic data file in a format approved by NMFS; or
    (B) by fax.
    (ii) The cooperative pollock catch report must be received by the 
Regional Administrator by 1200 hours, A.l.t. 1 week after the date of 
completion of delivery.
    (3) Information required. The cooperative pollock catch report must 
contain the following information: Cooperative account number; catcher 
vessel ADF&G number; inshore processor Federal processor permit number; 
delivery date; amount of pollock (in lb) delivered plus weight of at-
sea pollock discards; ADF&G fish ticket number.
* * * * *

    5. In Sec. 679.7, paragraphs (a)(11) and (b) are suspended until 
July 17, 2001, and paragraphs (a)(17) and (j) are added to read as 
follows:


Sec. 679.7  Prohibitions.

* * * * *
    (a) * * *
    (17) Tender vessel--(Applicable through July 17, 2001.) (i) Use a 
catcher vessel or catcher/processor as a tender vessel before 
offloading all groundfish or groundfish product harvested or processed 
by that vessel.
    (ii) Use a catcher vessel or catcher/processor to harvest 
groundfish while operating as a tender vessel.
* * * * *
    (j) Prohibitions specific to the GOA--(Applicable through July 17, 
2001.) (1) Southeast Outside trawl closure. Use any gear other than 
non-trawl gear in GOA east of 140 deg. W long.
    (2) Catcher vessel trip limit for pollock. Retain on board a 
catcher vessel at any time, more than 300,000 pounds (136 mt) of 
unprocessed pollock.
    (3) Tender vessel restrictions for pollock. (i) Operate as a tender 
vessel east of 157 deg.00' W long. for pollock harvested in the GOA.
    (ii) Operate as a tender vessel west of 157 deg.00' W long. while 
retaining on board at any time more than 600,000 lb (272 mt) of 
unprocessed pollock.
* * * * *

    6. In Sec. 679.20, paragraphs (a)(5)(i)(A), (a)(5)(ii)(B), and 
(c)(2)(ii) are suspended until July 17, 2001 and paragraphs 
(a)(5)(i)(B), (a)(5)(ii)(C), (c)(2)(iii), (c)(7), and (d)(1)(iv) are 
added to read as follows:


Sec. 679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (B) BSAI seasonal allowances--(Applicable through July 17, 2001.) 
(1) Inshore, catcher/processor, mothership, and CDQ components. The 
portion of the Bering Sea subarea pollock directed fishing allowance 
allocated to each component under Sections 206(a) and 206(b) of the 
American Fisheries Act will be divided into two seasonal allowances 
corresponding to the two fishing seasons set out at Sec. 679.23(e)(5), 
as follows: A/B Season, 40 percent; C/D Season, 60 percent.
    (2) Inseason Adjustments. Within any fishing year, the Regional 
Administrator may add or subtract the under harvest or over harvest of 
a seasonal allowance, by component, according to the harvest 
limitations below. The Steller Sea Lion Conservation Area (SCA) is 
defined at Sec. 679.22(a)(11)(iv).

[[Page 7316]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
       Bering Sea subarea           Combined A/B season, maximum overall
                                    harvest of 40% of annual pollock TAC
                                   Combined C/D season, maximum overall
                                    harvest of 60% of annual pollock TAC
----------------------------------------------------------------------------------------------------------------
Inside SCA......................      Maximum harvest limit of 20% of     Maximum harvest     Maximum harvest
                                    annual pollock TAC for A+B combined,   limit of 4.5% of    limit of 7.5% of
                                         and 15% for A or B singly.        annual pollock      annual pollock
                                                                           TAC.                TAC.
----------------------------------------------------------------------------------------------------------------
Season..........................  A.................  B.................  C.................  D
----------------------------------------------------------------------------------------------------------------

* * * * *
    (ii) * * *
    (C) GOA seasonal allowances. (Applicable through July 17, 2001.) 
Each apportionment established under paragraph (a)(5)(ii)(A) of this 
section will be divided into four seasonal allowances corresponding to 
the four fishing seasons set out at Sec. 679.23(d)(3) of this part as 
follows: A Season, 30 percent; B Season, 15 percent; C Season, 30 
percent; D Season, 25 percent. Within any fishing year, under harvest 
or over harvest of a seasonal allowance may be added to or subtracted 
from subsequent seasonal allowances in a manner to be determined by the 
Regional Administrator, provided that a revised seasonal allowance does 
not exceed 30 percent of the annual TAC apportionment.
* * * * *
    (c) * * *
    (2) * * *
    (iii) BSAI. (Applicable through July 17, 2001.) Except for pollock, 
Atka mackerel, and the hook and line and pot gear allocation of 
sablefish, one quarter of each proposed initial TAC and apportionment 
thereof, one quarter of each CDQ reserve established by paragraph 
(b)(1)(iii) of this section, and one quarter of the proposed PSQ 
reserve and prohibited species catch allowances established by 
Sec. 679.21.
    (A) The interim specifications for pollock and Atka mackerel will 
be equal to the first seasonal allowance for pollock and Atka mackerel 
that is published in the proposed specifications under paragraph (c)(1) 
of this section.
    (B) The interim specifications for CDQ pollock will be equal to the 
first seasonal allowance that is published in the proposed 
specifications under paragraph (c)(1) of this section.
* * * * *
    (7) BSAI and Western and Central GOA Pacific cod season 
allocations. The annual TAC Pacific cod in the BSAI and the Western and 
Central GOA will be divided, after the subtraction of any reserves and 
incidental catch, between the A Season and B Season as follows:
    (i) A Season, January 1, 2001, to June 10, 2001, 60 percent;
    (ii) B Season, June 10, 2001, to December 31, 2001, 40 percent;
    (iii) Each season apportionment will be allocated among the various 
sectors as provided in Secs. 679.20(a)(6)(iii) and 679.20(a)(7).
    (iv) Any overage or underage of Pacific cod harvest from the A 
Season may be subtracted from or added to the subsequent B Season.
* * * * *
    (d) * * *
    (1) * * *
    (iv) AFA sideboard limitations. (Applicable through December 31, 
2001.) (A) If the Regional Administrator determines that any sideboard 
harvest limit for a group of AFA vessels established under Sec. 679.63 
has been or will be reached, the Regional Administrator may establish a 
directed fishing allowance for the species or species group applicable 
only to the identified group of AFA vessels.
    (B) In establishing a directed fishing allowance under paragraph 
(d)(1)(iv)(A) of this section, the Regional Administrator shall 
consider the amount of the harvest limitation established for a group 
of AFA vessels under Sec. 679.63 that will be taken as incidental catch 
by those vessels in directed fishing for other species.
* * * * *

    7. In Sec. 679.21 paragraphs (d)(8) and (e)(3)(v) are added to read 
as follows:


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (d) * * *
    (8) AFA halibut bycatch limitations. (Applicable through December 
31, 2001). Halibut bycatch limits for AFA catcher vessels will be 
established according to the procedure and formula set out in 
Sec. 679.63(b) and managed through directed fishing closures for AFA 
catcher vessels in the groundfish fisheries to which the halibut 
bycatch limit applies.
* * * * *
    (e) * * *
    (3) * * *
    (v) AFA prohibited species catch limitations. (Applicable through 
December 31, 2001.) Halibut and crab PSC limits for AFA catcher/
processors and AFA catcher vessels will be established according to the 
procedures and formulas set out in Sec. 679.63 (a) and (b) and managed 
through directed fishing closures for AFA catcher/processors and AFA 
catcher vessels in the groundfish fisheries for which the PSC limit 
applies.
* * * * *
    8. In Sec. 679.22, paragraphs (a)(7), (a)(8), and (b)(2) are 
suspended until July 17, 2001 and paragraphs (a)(11), (a)(12), (a)(13), 
(b)(3), and (b)(5) are added to read as follows:


Sec. 679.22  Closures.

    (a) * * *
    (11) Steller sea lion protection areas, Bering Sea subarea and 
Bogoslof District--(Applicable through July 17, 2001.) (i) Year-round 
trawl closures. Until 1200 hours, A.l.t., June 10, 2001, trawling is 
prohibited within 10 nm of selected Steller sea lion rookeries in the 
Bering Sea subarea and Bogoslof District. These rookeries are listed in 
Table 21 to this part and are identifiable by a designation of ``Bering 
Sea'' in column 2, ``R'' in column 7, and ``Y'' in column 14. After 
1200 hours, A.l.t., June 10, 2001, refer to paragraph (a)(11)(v) of 
this section for fishing prohibitions.
    (ii) Seasonal trawl closures. During January 20 through 1200 hours, 
A.l.t., June 10, or a date earlier than June 10 if directed fishing for 
pollock is prohibited for all sectors under Sec. 679.20, trawling is 
prohibited within 20 nm of selected Steller sea lion rookeries in the 
Bering Sea subarea and Bogoslof District. These rookeries are listed in 
Table 21 to this part and are identifiable by a designation of ``Bering 
Sea'' in column 2, ``R'' in column 7, and ``Y'' in column 14.
    (iii) Pollock closures. Until 1200 hours, A.l.t., June 10, 2001, 
directed fishing for pollock, including pollock CDQ, is prohibited 
within 10 or 20 nm of selected Steller sea lion rookery and haulout 
sites in Bering Sea subarea and Bogoslof District. These sites are 
listed in Table 21 to this part and are identifiable by a designation 
of ``Bering Sea'' in column 2, ``R'' or ``H'' in column 7, and ``Y'' in 
column 14. The radius and time period of the closure for each site can 
be determined by referencing columns 10 and 11. After 1200 hours, 
A.l.t., June 10, 2001, refer

[[Page 7317]]

to paragraph (a)(11)(v) of this section for fishing prohibitions.
    (iv) Steller sea lion conservation area (SCA)--(A) General. 
Directed fishing for pollock by vessels catching pollock for processing 
by the inshore component, catcher/processors in the offshore component, 
motherships in the offshore component, or directed fishing for pollock 
CDQ, is prohibited within the SCA for the duration of a fishing season 
when the Regional Administrator announces, by notification in the 
Federal Register, that the criteria set out in paragraph (a)(11)(iv)(D) 
of this section have been met by that industry component.
    (B) Boundaries. The SCA consists of the area of the Bering Sea 
subarea between 170 deg.00' W long. and 163 deg.00' W long., south of 
straight lines connecting the following points in the order listed:

55 deg.00' N lat. 170 deg.00' W long.;
55 deg.00' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 166 deg.00' W long.; and,
56 deg.00' N lat. 163 deg.00' W long.

    (C) Seasons--Subject to other provisions of this part, directed 
fishing for pollock within the SCA is authorized only during the 
following seasons:
    (1) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., April 1;
    (2) B season. From 1200 hours, A.l.t., April 1, through 1200 hours, 
A.l.t., June 10;
    (3) C season. From 1200 hours, A.l.t., June 10, through 1200 hours, 
A.l.t., August 20;
    (4) D season. From 1200 hours, A.l.t., August 20, through 1200 
hours, A.l.t., November 1.
    (D) Criteria for closure--(1) General. The directed fishing 
closures identified in paragraph (a)(11)(iv)(A) of this section will 
take effect when the Regional Administrator determines that the harvest 
of a seasonal limit of pollock within the SCA reaches the amounts 
specified in the following table:

                          Seasonal DFA Apportionment and Harvest Limits Within the SCA
                                                [In metric tons]
----------------------------------------------------------------------------------------------------------------
                                                      A/B (40% of annual DFA)         C/D (60% of annual DFA)
                 Industry sector                 ---------------------------------------------------------------
                                                    A-SCA limit     B-SCA limit     C-SCA limit     D-SCA limit
----------------------------------------------------------------------------------------------------------------
Inshore.........................................          81,802          27,267          39,440          65,734
C/P.............................................          38,564          12,854               0               0
Mothership......................................          14,607           4,869               0               0
CDQ.............................................          28,247           9,339           9,567          15,718
----------------------------------------------------------------------------------------------------------------

    (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The 
Regional Administrator will prohibit directed fishing for pollock to 
vessels greater than 99 ft (30.2 m) LOA, catching pollock for 
processing by the inshore component before reaching the inshore SCA 
harvest limit during the A, B, and D seasons to accommodate fishing by 
vessels less than or equal to 99 ft (30.2 m) inside the SCA for the 
duration of the inshore seasonal opening. The Regional Administrator 
will estimate how much of the inshore seasonal allowance is likely to 
be harvested by catcher vessels less than or equal to 99 ft (30.2 m) 
LOA and reserve a sufficient amount of the inshore SCA allowance to 
accommodate fishing by such vessels after the closure of the SCA to 
inshore vessels greater than 99 ft (30.2 m) LOA. The Regional 
Administrator will prohibit directed fishing for all inshore catcher 
vessels within the SCA when the inshore limit specified in paragraph 
(a)(11)(iv)(E)(1) of this section has been met.
    (v) Steller sea lion management areas. (A) The following sea lion 
management areas are established in the Bering Sea subarea and the 
Bogoslof district:
    (1) Area 7. All waters within the SCA, as defined in 50 CFR 
Sec. 679.22(a)(11)(iv)(B), east to the eastern boundary of the SCA, and 
west to a line connecting the point 55 deg. 30' N lat./166 deg. W long. 
with the point 54 deg. 51' N lat./164 deg. 33' 33" W long., including 
20 nm seaward of selected sites. These sites are listed in Table 21 to 
this part and are identifiable by ``Bering Sea'' in column 2 and ``7'' 
in column 16.
    (2) Area 8. All waters within the SCA, as defined in 50 CFR 
Sec. 679.22(a)(11)(iv)(B), east to a line connecting the point 55 deg. 
30' N lat./166 deg. W long. with the point 54 deg. 51' N lat./164 deg. 
33' 33" W long., and west to the eastern boundary of area 518, as 
described in figure 1 of this part.
    (3) Area 9. All waters within the SCA, as defined in 50 CFR 
Sec. 679.22(a)(11)(iv)(B), east to the eastern boundary of area 518, as 
described in figure 1 of this part, west to the western boundary of 
area 518, as described in figure 1 of this part, and north to 55 deg. N 
lat.
    (B) Directed fishing for pollock and Pacific cod is prohibited in 
Steller sea lion management areas 8 and 9.
    (C) Directed fishing for pollock and Pacific cod is prohibited 
within 3 nm of selected sites in Steller sea lion management area 7.
    (12) Steller sea lion protection areas, Aleutian Islands Subarea--
(Applicable through July 17, 2001.) (i) 10-nm closures. Until 1200 
hours, A.l.t., June 10, 2001, trawling is prohibited within 10 nm of 
selected Steller sea lion rookeries in the Aleutian Islands subarea. 
These rookeries are listed in Table 21 to this part and are 
identifiable by a designation of ``Aleutian Islands'' in column 2, 
``R'' in column 7, ``10 nm'' in column 13, and ``Y'' in column 14. 
After 1200 hours, A.l.t., June 10, 2001, refer to paragraph (a)(12)(v) 
of this section for fishing prohibitions.
    (ii) 20-nm closures. Until 1200 hours, A.l.t., June 10, 2001, 
trawling is prohibited within 20 nm of selected Steller sea lion 
rookeries in the Aleutian Islands subarea. These rookeries are listed 
in Table 21 to this part and are identifiable by a designation of 
``Aleutian Islands'' in column 2, ``R'' in column 7, ``20 nm'' in 
column 13, and ``Y'' in column 14. After 1200 hours, A.l.t., June 10, 
2001, refer to paragraph (a)(12)(v) of this section for fishing 
prohibitions.
    (iii) Western and Central Aleutian Islands closures. (A) General. 
Trawling is prohibited within 20 nm of selected rookery and haulout 
sites in the Aleutian Islands subarea when the Regional Administrator 
announces by notification in the Federal Register that the criteria for 
a trawl closure in a district set out in paragraph (a)(12)(iii)(B) of 
this section has been met. These sites are listed in Table 21 to this 
part and are identifiable by a designation of ``Aleutian Islands'' in 
column 2 and ``Y'' in column 14.
    (B) Criteria for closure. The trawl closures identified in 
paragraph (a)(12)(iii)(A) of this section will take effect when the 
Regional Administrator

[[Page 7318]]

determines that the harvest of a seasonal allowance of Atka mackerel 
specified under Sec. 679.20(a)(8)(ii)(A) reaches the following 
percentages identified for each year and district:

------------------------------------------------------------------------
         Year                Western (543)            Central (542)
------------------------------------------------------------------------
1999..................  65 percent.............  80 percent.
2000..................  57 percent.............  67 percent.
2001..................  48 percent.............  46 percent.
2002 and after........  40 percent.............  40 percent.
------------------------------------------------------------------------

    (C) Duration of closure. A Steller sea lion trawl closure within a 
district will remain in effect until NMFS closes Atka mackerel to 
directed fishing within the same district.
    (D) CDQ fishing. A CDQ group is prohibited from exceeding the CDQ 
portion of the percentage of annual Atka mackerel in the Western and/or 
Central districts of the AI specified in paragraph (a)(12)(iii)(B) of 
this section for all sites identified in paragraph (a)(12)(iii)(A) of 
this section.
    (iv) Pollock closure. Directed fishing for pollock is prohibited at 
all times within the Aleutian Islands subarea.
    (v) Steller sea lion management areas. (A) The following sea lion 
management areas are established in the Aleutian Islands subarea:
    (1) Area 12. All waters 20 nm seaward of selected sites in area 
541, as described in figure 1 of this part, and all waters within the 
area between 52 deg. N lat. and 53 deg. N lat and between 173 deg. 30' 
W long. and 172 deg. 30' W long. These sites are listed in Table 21 to 
this part and are identifiable by ``Aleutian Islands'' in column 2 and 
``12'' in column 16.
    (2) Area 13. All waters 20 nm seaward of selected sites in area 542 
and 543, as described in figure 1 of this part. These sites are listed 
in Table 21 to this part and are identifiable by ``Aleutian Islands'' 
in column 2 and ``13'' in column 16.
    (B) Directed fishing for pollock, Pacific cod, and Atka mackerel is 
prohibited in Steller sea lion management area 13.
    (C) Directed fishing for pollock, Pacific cod, and Atka mackerel by 
all federally permitted vessels is prohibited within 3 nm of selected 
sites in Steller sea lion management area 12.
    (13) No fishing zones. (Applicable through July 17, 2001.) Until 
1200 hours, A.l.t., June 10, 2001, directed fishing for groundfish by 
all federally permitted vessels is prohibited within 3 nm of selected 
Steller sea lion haulout sites in the BSAI. These sites are listed in 
Table 21 to this part and are identifiable by a designation ``Bering 
Sea'' or ``Aleutian Islands'' in column 2, ``H'' or ``RPA'' in column 
7, and ``Y'' in column 14. After 1200 hours, A.l.t., June 10, 2001, 
refer to paragraph (a)(11)(v) of this section for fishing prohibitions 
in the Bering Sea subarea and the Bogoslof district and paragraph 
(a)(12)(v) of this section for fishing prohibitions in the Aleutian 
Islands subarea.
* * * * *
    (b) * * *
    (3) Steller sea lion protection areas--(Applicable through July 17, 
2001.) (i) Year-round trawl closures. Until 1200 hours, A.l.t., June 
10, 2001, trawling is prohibited within 10 nm of selected Steller sea 
lion rookeries in the GOA west of 144 deg. W. longitude. These 
rookeries are listed in Table 21 to this part and are identifiable by a 
designation of ``Gulf of Alaska'' in column 2, ``R'' in column 7, and 
``Y'' in column 14. After 1200 hours, A.l.t., June 10, 2001, refer to 
paragraph (b)(3)(iv) of this section for fishing prohibitions.
    (ii) Pollock closures. Until 1200 hours, A.l.t., June 10, 2001, 
directed fishing for pollock is prohibited within 10 or 20 nm of 
selected Steller sea lion rookery and haulout sites in GOA west of 
144 deg. W. longitude. These sites are listed in Table 21 to this part 
and are identifiable by a designation of ``Gulf of Alaska'' in column 
2, ``R'' or ``H'' in column 7, and ``Y'' in column 14. The radius and 
time period of the closure for each site can be determined by 
referencing columns 10 and 11. After 1200 hours, A.l.t., June 10, 2001, 
refer to paragraph (b)(3)(iv) of this section for fishing prohibitions.
    (iii) Shelikof Strait conservation area--(A) General. Directed 
fishing for pollock is prohibited within the Shelikof Strait 
conservation area during the A and B seasons, defined at 
Sec. 679.23(d)(3) of this part, when the Regional Administrator 
announces through notification in the Federal Register that the A or B 
season catch of pollock from within the Shelikof Strait conservation 
area reaches the amount determined by paragraph (b)(3)(iii)(C) of this 
section.
    (B) Boundaries. The Shelikof Strait conservation area consists of 
the area bound by straight lines and shoreline connecting the following 
coordinates in the following order:

58 deg.51' N lat. 153 deg.15' W long.
58 deg.51' N lat. 152 deg.00' W long.


and the intersection of 152 deg.00' W long. with Afognak Island; 
aligned counterclockwise around the shoreline of Afognak, Kodiak, and 
Raspberry Islands to

57 deg.00' N lat. 154 deg.00' W long.
56 deg.30' N lat. 154 deg.00' W long.
56 deg.30' N lat. 155 deg.00' W long.
56 deg.00' N lat. 155 deg.00' W long.
56 deg.00' N lat. 157 deg.00' W long.


and the intersection of 157 deg.00' W long. with the Alaska Peninsula.
    (C) Determination of TAC. NMFS will publish the pollock TAC for the 
Shelikof Strait conservation area in the annual specifications pursuant 
to Sec. 679.20(c). The TAC is determined by calculating a ratio equal 
to the most recent estimate of pollock biomass in Shelikof Strait 
divided by the most recent estimate of total pollock biomass in the 
GOA. NMFS will multiply this ratio by the overall pollock TAC for the 
GOA and then multiply that sum by the seasonal TAC apportionment to 
determine the Shelikof Strait apportionment.
    (iv) Steller sea lion management areas. (A) The following sea lion 
management areas are established in the GOA:
    (1) Area 1. All waters 20nm seaward of selected sites east to 
144 deg. W long., west to 148 deg. 45' W long., and excluding waters 
inside of areas 639 and 649, as described in Figure 3 to part. These 
sites are listed in Table 21 to this part and are identifiable by 
``Gulf of Alaska'' in column 2 and ``1'' in column 16.
    (2) Area 2. All waters 20nm seaward of selected sites east to 
148 deg.45' W long., in Shelikof Strait west to 154 deg. W long., 
including all waters of Shelikof Strait, and on the east side of Kodiak 
Island south to a line connecting the point 57 deg.31'3" N lat./
152 deg.17'48" W long. with the point 57 deg.24'36" N lat./
151 deg.40'29" W long. These sites are listed in Table 21 to this part 
and are identifiable by ``Gulf of Alaska'' in column 2 and ``2'' in 
column 16.
    (3) Area 3. All waters 20 nm seaward of selected sites on the east 
side of Kodiak Island north to a line connecting the point 57 deg.31'3" 
N lat./152 deg.17'48" W long. with the point 57 deg.24'36" N lat./
151 deg.40'29" W long., in Shelikof Strait east to 154 deg. W long., 
including all waters of Shelikof Strait south to a line connecting the 
point 56 deg. 38' N lat./157 deg.27' W long. with the point 56 deg.24' 
N lat./154 deg.41' W long. These sites are listed in Table 21 to this 
part and are identifiable by ``Gulf of Alaska'' in column 2 and ``3'' 
in column 16.
    (4) Area 4. All waters 20 nm seaward of selected sites north to a 
line connecting the point 56 deg.38' N lat./157 deg.27' W long. with 
the point 56 deg.24' N lat./154 deg.41' W long. These sites are listed 
in Table 21 to this part and are identifiable by ``Gulf of Alaska'' in 
column 2 and ``4'' in column 16.
    (5) Area 5. All waters 20 nm seaward of selected sites west to 
161 deg.15' W long. These sites are listed in Table 21 to this part and 
are identifiable by ``Gulf of

[[Page 7319]]

Alaska'' in column 2 and ``5'' in column 16.
    (6) Area 6. All waters 20 nm seaward of selected sites east to 
161 deg.15' W long. These sites are listed in Table 21 to this part and 
are identifiable by ``Gulf of Alaska'' in column 2 and ``6'' in column 
16.
    (7) Area 10. All waters 20 nm seaward of selected sites in area 
610, as described in Figure 3 to part. These sites are listed in Table 
21 to this part and are identifiable by ``Gulf of Alaska'' in column 2 
and ``10'' in column 16.
    (8) Area 11. All waters 20 nm seaward of selected sites in area 
610, as described in Figure 3 to part. These sites are listed in Table 
21 to this part and are identifiable by ``Gulf of Alaska'' in column 2 
and ``11'' in column 16.
    (B) Directed fishing for pollock and Pacific cod is prohibited in 
Steller sea lion management areas 2, 4, 6, 10, and 11.
    (C) Directed fishing for pollock and Pacific cod is prohibited by 
all federally permitted vessels is prohibited within 3 nm of selected 
sites in Steller sea lion management areas 1, 3, and 5.
* * * * *
    (5) No fishing zones. (Applicable through July 17, 2001.) Until 
1200 hours, A.l.t., June 10, 2001, directed fishing for groundfish by 
all federally permitted vessels is prohibited within 3 nm of selected 
Steller sea lion haulout sites in the GOA west of 144 deg. W. 
longitude. These sites are listed in Table 21 to this part and are 
identifiable by a designation ``Gulf of Alaska'' in column 2, ``H'' or 
``RPA'' in column 7, and ``Y'' in column 14. After 1200 hours, A.l.t., 
June 10, 2001, refer to paragraph (b)(3)(iv) of this section for 
fishing prohibitions.
* * * * *

    9. In Sec. 679.23, paragraphs (d)(2), (e)(2), and (e)(4)(iii) are 
suspended until July 17, 2001 and paragraphs (d)(3), (d)(4), 
(e)(4)(iv), (e)(4)(v), (e)(5), (e)(6), and (i) are added to read as 
follows:


Sec. 679.23  Seasons.

* * * * *
    (d) * * *
    (3) Directed fishing for pollock. (Applicable through July 17, 
2001.) Subject to other provisions of this part, directed fishing for 
pollock in the Western and Central Regulatory Areas is authorized only 
during the following four seasons:
    (i) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., March 1;
    (ii) B season. From 1200 hours, A.l.t., March 15, through 1200 
hours, A.l.t., May 31;
    (iii) C season. From 1200 hours, A.l.t., August 20, through 1200 
hours, A.l.t., September 15.
    (iv) D season. From 1200 hours, A.l.t., October 1, through 1200 
hours, A.l.t., November 1.
    (4) Directed fishing for Pacific cod. (Applicable through July 17, 
2001.) (i) Fixed gear. Subject to other provisions of this part, 
directed fishing for Pacific cod with fixed gear in the Western and 
Central Regulatory Areas is authorized only during the following two 
seasons:
    (A) A season. From 0001 hours, A.l.t., January 1, through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10, through 2400 hours, 
A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for Pacific cod with trawl gear in the Western and Central 
Regulatory Areas is authorized only during the following two seasons:
    (A) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10, through 2400 hours, 
A.l.t., November 1.
* * * * *
    (e) * * *
    (4) * * *
    (iv) Groundfish CDQ. (Applicable through July 17, 2001.) Fishing 
for groundfish CDQ species, other than pollock CDQ, and fixed gear 
sablefish CDQ under subpart C of this part, is authorized from 0001 
hours, A.l.t., January 1, through the end of each fishing year, except 
as provided under paragraph (c) of this section.
    (v) Pollock CDQ. (Applicable through July 17, 2001.) Fishing for 
pollock CDQ is authorized under paragraph (e)(5)(i) of this section.
    (5) Directed fishing for pollock in the Bering Sea subarea-- 
(Applicable through July 17, 2001.) (i) Inshore, offshore catcher/
processor, and mothership components and pollock CDQ fisheries. Subject 
to other provisions of this part, directed fishing for pollock by 
vessels catching pollock for processing by the inshore component, 
catcher/processors in the offshore component, and motherships in the 
offshore component in the Bering Sea subarea or directed fishing for 
pollock CDQ in the Bering Sea subarea is authorized only during the 
following two seasons:
    (A) A/B season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., June 10;
    (B) C/D season. From 1200 hours, A.l.t., June 10, through 1200 
hours, A.l.t., November 1;
    (6) Directed fishing for Pacific cod--(Applicable through July 17, 
2001.) (i) Fixed gear. Subject to other provisions of this part, 
directed fishing for Pacific cod with fixed gear in the BSAI is 
authorized only during the following two seasons:
    (A) A season. From 0001 hours, A.l.t., January 1, through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10, through 2400 hours, 
A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for Pacific cod with trawl gear in the BSAI is authorized only 
during the following two seasons:
    (A) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10, through 2400 hours, 
A.l.t., November 1.
* * * * *
    (i) Catcher vessel exclusive fishing seasons for pollock. 
(Applicable through July 17, 2001.) Catcher vessels are prohibited from 
participating in directed fishing for pollock under the following 
conditions. Vessels less than 125 ft (38.1 m) LOA are exempt from this 
restriction when fishing east of 157 deg.00' W. long. Bering Sea and 
GOA seasons are specified at Sec. 679.23(d)(3) and Sec. 679.23(e)(5).

----------------------------------------------------------------------------------------------------------------
                                                                                        Then you are prohibited
  If you own or operate a catcher                                                     from subsequently engaging
   vessel and engage in directed                     During the * * *                   in directed fishing for
 fishing for pollock in the. * * *                                                       pollock in the * * *
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea.................  A/B season.....................................  GOA until the following C
                                                                                       season.
                                     C/D season.....................................  GOA until the A season of
                                                                                       the next year.
GOA................................  A season.......................................  BSAI until the following C/
                                                                                       D season.
                                     B season.......................................  BSAI until the following C/
                                                                                       D season.
                                     C season.......................................  BSAI until the A/B season
                                                                                       of the following year.
                                     D season.......................................  BSAI until the A/B season
                                                                                       of the following year.
----------------------------------------------------------------------------------------------------------------


[[Page 7320]]

* * * * *

    10. In Sec. 679.50 paragraphs (c)(5) and (d)(5) are added to read 
as follows:


Sec. 679.50  Groundfish Observer Program applicable through December 
31, 2001.

* * * * *
    (c) * * *
    (5) AFA catcher/processors and motherships--(Applicable through 
December 31, 2001.) (i) Coverage requirement.
    (A) Unrestricted AFA catcher/processors and AFA motherships. The 
owner or operator of an unrestricted AFA catcher/processor or AFA 
mothership must provide at least two NMFS certified observers for each 
day that the vessel is used to harvest, process, or take deliveries of 
groundfish. More than two observers are required if the observer 
workload restriction at Sec. 679.50(c)(5)(iii) would otherwise preclude 
sampling as required under Sec. 679.62(a)(1).
    (B) Restricted AFA catcher/processors. The owner or operator of a 
restricted AFA catcher/processor must provide at least two NMFS 
certified observers for each day that the vessel is used to engage in 
directed fishing for pollock in the BSAI, or takes deliveries of 
pollock harvested in the BSAI. When a restricted AFA catcher/processor 
is not engaged in directed fishing for BSAI pollock and is not 
receiving deliveries of pollock harvested in the BSAI, the observer 
coverage requirements at Sec. 679.50(c)(1)(iv) apply.
    (ii) Certification level. At least one of the observers required 
under paragraphs (c)(5)(i)(A) and (B) of section must be certified as a 
lead CDQ observer as specified in paragraph (h)(1)(i)(E)(1) of this 
section.
    (iii) Observer work load. The time required for the observer to 
complete sampling, data recording, and data communication duties may 
not exceed 12 consecutive hours in each 24-hour period, and, the 
observer may not sample more than 9 hours in each 24-hour period.
* * * * *
    (d) * * *
    (5) AFA inshore processors--(Applicable through December 31, 2001.) 
(i) Coverage level. An AFA inshore processor is required to provide a 
NMFS certified observer for each 12 consecutive hour period of each 
calendar day during which the processor takes delivery of, or 
processes, groundfish harvested by a vessel engaged in a directed 
pollock fishery in the BSAI. A processor that takes delivery of or 
processes pollock for more than 12 consecutive hours in a calendar day 
is required to provide two NMFS-certified observers for each such day.
    (ii) Multiple processors. An observer deployed to an AFA inshore 
processor may not be assigned to cover more than one processor during a 
calendar day in which the processor receives or processes pollock 
harvested in the BSAI directed pollock fishery.
* * * * *

    11. In part 679, add subpart F to read as follows:
Subpart F--American Fisheries Act Management Measures (Applicable 
Through December 31, 2001)
Sec.
679.59  Authority and related regulations.
679.60  Catcher/processor and mothership pollock cooperatives.
679.61  Inshore pollock cooperatives.
679.62  Requirements for vessels and processors.
679.63  Harvest limitations in other fisheries.
679.64  AFA inshore processor and AFA mothership crab processing 
sideboard limits.

Subpart F--American Fisheries Act Management Measures (Applicable 
Through December 31, 2001)


Sec. 679.59  Authority and related regulations.

    Regulations under this subpart were developed by the National 
Marine Fisheries Service and the North Pacific Fishery Management 
Council to implement the American Fisheries Act (AFA) [Div. C, Title 
II, Subtitle II, Pub. L. 105-277, 112 Stat. 2681 (1998)]. Additional 
regulations that implement specific provisions of the AFA are set out 
at Sec. 679.2 Definitions, Sec. 679.4 Permits, Sec. 679.5 Recordkeeping 
and reporting, Sec. 679.7 Prohibitions, Sec. 679.20 General 
limitations, Sec. 679.21 Prohibited species bycatch management, 
Sec. 679.28 Equipment and operational requirements for Catch Weight 
Measurement, Sec. 679.31 CDQ reserves, and Sec. 679.50 Groundfish 
Observer Program applicable through December 31, 2000.


Sec. 679.60  Catcher/processor and mothership pollock cooperatives.

    (a) Applicability. Any fishery cooperative formed under section 1 
of the Act of June 25, 1934 (15 U.S.C. 521) for the purpose of 
cooperatively managing directed fishing for BSAI pollock for processing 
by catcher/processors or motherships must comply with the provisions of 
this section.
    (b) Filing of fishery cooperative contracts. Any contract 
implementing a fishery cooperative for the purpose of cooperatively 
managing directed fishing for BSAI pollock for processing by catcher/
processors or motherships, and any material modifications to any such 
contract must be filed not less than 30 days prior to the start of 
fishing under the contract with the Council and with the Regional 
Administrator, together with a copy of a letter from a party to the 
contract requesting a business review letter on the fishery cooperative 
from the Department of Justice and any response to such request. Any 
fishery cooperative intending to deliver pollock to an AFA mothership 
also must notify the owners of the AFA mothership not less than 30 days 
prior to the start of fishing under the contract.
    (c) Required elements. Any cooperative contract filed under 
paragraph (b) of this section must contain the following information:
    (1) A list of parties to the contract,
    (2) A list of all vessels and processors that will harvest and 
process pollock harvested under the cooperative,
    (3) The amount or percentage of pollock allocated to each party to 
the contract, and
    (4) For a cooperative that includes catcher vessels delivering 
pollock to motherships or catcher/processors, penalties to prevent each 
non-exempt member catcher vessel from exceeding an individual vessel 
sideboard limit for each BSAI or GOA sideboard species or species group 
that is issued to the vessel by the cooperative in accordance with the 
following formula:
    (i) The aggregate individual vessel sideboard limits issued to all 
member vessels in a cooperative must not exceed the aggregate 
contributions of each member vessel towards the overall groundfish 
sideboard amount as calculated by NMFS under Sec. 679.63(b) and as 
announced to the cooperative by the Regional Administrator, or
    (ii) In the case of two or more cooperatives that have entered into 
an inter-cooperative agreement, the aggregate individual vessel 
sideboard limits issued to all member vessels subject to the inter-
cooperative agreement must not exceed the aggregate contributions of 
each member vessel towards the overall groundfish sideboard amount as 
calculated by NMFS under Sec. 679.63(b) and as announced to NMFS by the 
Regional Administrator.
    (d) Annual report. Any fishery cooperative governed by this section 
must submit annual preliminary and final written reports on fishing 
activity to the North Pacific Fishery Management Council, 605 West 4th 
Ave, Suite 306, Anchorage, AK 99501, for public distribution. The 
preliminary report covering activities through November 1 must be 
submitted by December 1 of each year and the final

[[Page 7321]]

report must be submitted by January 31 of each year.
    (1) Required contents. The preliminary and final written reports 
must contain, at a minimum:
    (i) The cooperative's allocated catch of pollock and sideboard 
species, and any sub-allocations of pollock and sideboard species made 
by the cooperative to individual vessels on a vessel-by-vessel basis;
    (ii) The cooperative's actual retained and discarded catch of 
pollock, sideboard species, and PSC on a area-by-area and vessel-by-
vessel basis;
    (iii) A description of the method used by the cooperative to 
monitor fisheries in which cooperative vessels participated; and
    (iv) A description of any actions taken by the cooperative to 
penalize vessels that exceed their allowed catch and bycatch in pollock 
and all sideboard fisheries.


Sec. 679.61  Inshore pollock cooperatives.

    (a) Applicability. Any fishery cooperative formed under section 1 
of the Act of June 25, 1934 (15 U.S.C. 521) for the purpose of 
cooperatively managing directed fishing for pollock for processing by 
an AFA inshore processor must comply with the provisions of this 
section.
    (b) Filing of fishery cooperative contracts. Any contract 
implementing a fishery cooperative for the purpose of cooperatively 
managing directed fishing for pollock for processing by an AFA inshore 
processor, any material modifications to any such contract, and a copy 
of a letter from a party to the contract requesting a business review 
letter on the fishery cooperative from the Department of Justice and 
any response to such request, must be filed with the Council and with 
the Regional Administrator no later than 30 days prior to the start of 
fishing under the contract.
    (c) Required elements. Any cooperative contract filed under 
paragraph (b) of this section must contain the following:
    (1) A list of parties to the contract,
    (2) A list of all vessels and processors that will harvest and 
process pollock harvested under the cooperative,
    (3) The amount or percentage of pollock allocated to each party to 
the contract, and
    (4) Penalties to prevent each non-exempt member catcher vessel from 
exceeding an individual vessel sideboard limit for each BSAI or GOA 
groundfish sideboard species or species group that is issued to the 
vessel by the cooperative in accordance with the following formula:
    (i) The aggregate individual vessel sideboard limits issued to all 
member vessels in a cooperative must not exceed the aggregate 
contributions of each member vessel towards the overall groundfish 
sideboard amount as calculated by NMFS under Sec. 679.63(b) and as 
announced to the cooperative by the Regional Administrator, or
    (ii) In the case of two more cooperatives that have entered into an 
inter-cooperative agreement, the aggregate individual vessel sideboard 
limits issued to all member vessels subject to the inter-cooperative 
agreement must not exceed the aggregate contributions of each member 
vessel towards the overall groundfish amount as calculated by NMFS 
under Sec. 679.63(b) and as announced to NMFS by the Regional 
Administrator.
    (d) Responsible parties--(1) Designated representative. Any 
cooperative formed under this section must appoint a designated 
representative to fulfill regulatory requirements on behalf of the 
cooperative including, but not limited to, the signing of cooperative 
fishing permit applications and completing and submitting inshore 
catcher vessel pollock cooperative catch reports. The owners of the 
member catcher vessels in the cooperative are jointly responsible for 
compliance and must ensure that the designated representative complies 
with all applicable regulations in this part.
    (2) Agent for service of process. (i) Any cooperative formed under 
this section must appoint an agent who is authorized to receive and 
respond to any legal process issued in the United States with respect 
to all owners and operators of vessels listed on the cooperative 
fishing permit. The cooperative must provide the Regional Administrator 
with the name, address and telephone number of the appointed agent on 
the application for an inshore cooperative fishing permit. Service on 
or notice to the cooperative's appointed agent constitutes service on 
or notice to all members of the cooperative.
    (ii) The owners and operators of all member vessels of an inshore 
pollock cooperative are responsible for ensuring that the agent is 
capable of accepting service on behalf of the cooperative for at least 
5 years from the expiration day of the AFA permit. The owners and 
operators of all member vessels of a cooperative are also responsible 
for ensuring that a substitute agent is designated and the Agency is 
notified of the name, address and telephone number of the substitute 
representative in the event the previously designated representative is 
no longer capable of accepting service on behalf of the cooperative or 
the cooperative members within that 5-year period.
    (e) Cooperative pollock allocations. An inshore pollock cooperative 
that applies for and receives an AFA inshore cooperative fishing permit 
under Sec. 679.4(l)(6) will receive a sub-allocation of the annual 
inshore pollock allocation that is determined according to the 
following procedure:
    (1) Calculation of individual vessel catch histories. The Regional 
Administrator will calculate an official AFA inshore cooperative catch 
history for every catcher vessel that made a landing of inshore pollock 
in the Bering Sea Subarea and/or Aleutian Islands Subarea during 1995, 
1996, or 1997 according to the following steps:
    (i) Determination of annual landings. For each year from 1995 
through 1997 the Regional Administrator will determine each vessel's 
total inshore landings; from the Bering Sea Subarea and Aleutian 
Islands Subarea separately.
    (ii) Offshore compensation. If a catcher vessel made a total of 500 
or more mt of landings of Bering Sea Subarea pollock or Aleutian 
Islands Subarea pollock to catcher/processors or offshore motherships 
other than the EXCELLENCE (USCG documentation number 967502); GOLDEN 
ALASKA (USCG documentation number 651041); or OCEAN PHOENIX (USCG 
documentation number 296779) over the 3-year period from 1995 through 
1997, then all offshore pollock landings made by that vessel from 1995 
through 1997 will be added to the vessel's inshore catch history by 
year and subarea.
    (iii) Best two out of three years. After steps (i) and (ii) are 
completed, the 2 years with the highest landings will be selected for 
each subarea and added together to generate the vessel's official AFA 
inshore cooperative catch history for each subarea. A vessel's best 2 
years may be different for the Bering Sea subarea and the Aleutian 
Islands Subarea.
    (2) Calculation of cooperative quota share. Each inshore pollock 
cooperative that applies for and receives an AFA inshore pollock 
cooperative fishing permit will receive an annual quota share 
percentage of pollock for each subarea of the BSAI that is equal to the 
sum of each member vessel's official AFA inshore cooperative catch 
history for that subarea divided by the sum of the official AFA inshore 
cooperative catch histories of all catcher vessels that made BSAI 
inshore pollock landings from that subarea in 1995, 1996, or 1997. The 
cooperative's quota share percentage will be listed on the

[[Page 7322]]

cooperative's AFA pollock cooperative permit.
    (3) Conversion of quota share to annual TAC allocation. Each 
inshore pollock cooperative that receives a quota share percentage for 
a fishing year will receive an annual allocation of Bering Sea and/or 
Aleutian Islands pollock that is equal to the cooperative's quota share 
percentage for that subarea multiplied by the annual inshore pollock 
allocation for that subarea. Each cooperative's annual pollock TAC 
allocation may be published in the interim, and final BSAI TAC 
specifications notices.
    (f) Cooperative fishing restrictions. AFA inshore pollock 
cooperatives must comply with the following fishing restrictions.
    (1) Eligible vessels. Only catcher vessels listed on the 
cooperative's AFA inshore cooperative fishing permit are permitted to 
harvest the cooperative's annual cooperative allocation.
    (2) Quota management. All BSAI inshore pollock harvested by a 
member vessel while engaging in directed fishing for inshore pollock in 
the BSAI during the fishing year for which the annual cooperative 
allocation is in effect will accrue against the cooperative's annual 
pollock allocation regardless of whether the pollock was retained or 
discarded.
    (3) Reporting of cooperative catch. Each inshore pollock 
cooperative must report to the Regional Administrator its BSAI pollock 
harvest on daily basis according to the recordkeeping and reporting 
requirements set out at Sec. 679.5(o).
    (g) Annual report. Any fishery cooperative governed by this section 
must submit annual preliminary and final written reports on fishing 
activity to the North Pacific Fishery Management Council, 605 West 4th 
Ave, Suite 306, Anchorage, AK 99501, for public distribution. The 
preliminary and final reports must contain the same elements and must 
be submitted according to the same deadlines as the preliminary and 
final reports required under Sec. 679.60(d).


Sec. 679.62  Requirements for vessels and processors.

    (a) AFA catcher/processors and AFA motherships--(1) Unrestricted 
AFA catcher/processors and AFA motherships.
    (i) Catch weighing. All groundfish landed by unrestricted AFA 
catcher/processors or received by AFA motherships must be weighed on a 
NMFS-certified scale and made available for sampling by a NMFS 
certified observer. The owner and operator of an unrestricted AFA 
catcher/processor or an AFA mothership must ensure that the vessel is 
in compliance with the scale requirements described at Sec. 679.28(b), 
that each groundfish haul is weighed separately, and that no sorting of 
catch takes place prior to weighing.
    (ii) Observer sampling station. The owner and operator of an 
unrestricted AFA catcher/processor or AFA mothership must provide an 
observer sampling station as described at Sec. 679.28(d) and must 
ensure that the vessel operator complies with the observer sampling 
station requirements described at Sec. 679.28(d) at all times that the 
vessel harvests groundfish or receives deliveries of groundfish 
harvested in the BSAI or GOA.
    (2) Restricted AFA catcher/processors. The owner or operator of a 
restricted AFA catcher/processor must comply with the catch weighing 
and observer sampling station requirements set out in paragraph (a)(1) 
of this section at all times the vessel is engaged in directed fishing 
for pollock in the BSAI.
    (b) AFA inshore processors--(1) Catch Weighing. All groundfish 
landed by AFA catcher vessels engaged in directed fishing for pollock 
in the BSAI must be sorted and weighed on a scale approved by the State 
of Alaska under Sec. 679.28(c) and be made available for sampling by a 
NMFS certified observer. The observer must be allowed to test any scale 
used to weigh groundfish in order to determine its accuracy.
    (2) The plant manager or plant liaison must notify the observer of 
the offloading schedule for each delivery of BSAI pollock by an AFA 
catcher vessel at least 1 hour prior to offloading. An observer must 
monitor each delivery of BSAI pollock from an AFA catcher vessel and be 
on site the entire time the delivery is being weighed or sorted.


Sec. 679.63  Harvest limitations in other fisheries.

    (a) AFA catcher/processor sideboards. The Regional Administrator 
will establish restrictions on the ability of unrestricted AFA catcher/
processors to engage in directed fishing for BSAI groundfish species 
other than pollock. Such limits will be established and managed as 
follows:
    (1) Calculation of groundfish harvest limits. For each groundfish 
species or species group in which a TAC is specified for an area or 
subarea of the BSAI, the Regional Administrator will establish annual 
AFA catcher/processor harvest limits as follows:
    (i) Pacific cod. The Pacific cod harvest limit will be equal to the 
1997 aggregate catch of Pacific cod by catcher/processors listed in 
paragraphs 208(e)(1) through (20) and 209 of the AFA in non-pollock 
target fisheries divided by the Pacific cod TAC available to catcher/
processors in 1997 multiplied by the Pacific cod TAC available for 
harvest by catcher/processors in the year in which the harvest limit 
will be in effect.
    (ii) Aleutian Islands Pacific ocean perch. The Aleutian Islands 
Pacific ocean perch harvest limit will be equal to the aggregate 1996 
through 1997 catch of Aleutian Islands Pacific ocean perch by catcher/
processors listed in paragraphs 208(e)(1) through (20) and 209 of the 
AFA in non-pollock target fisheries divided by the sum of the Aleutian 
Islands Pacific ocean perch TACs available to catcher/processors in 
1996 and 1997 multiplied by the Aleutian Islands Pacific ocean perch 
TAC available for harvest by catcher/processors in the year in which 
the harvest limit will be in effect.
    (iii) Atka mackerel. The Atka mackerel harvest limit for each area 
and season will be equal to:
    (A) Bering Sea subarea and Eastern Aleutian Islands, zero;
    (B) Central Aleutian Islands, 11.5 percent of the annual TAC 
specified for Atka mackerel; and
    (C) Western Aleutian Islands, 20 percent of the annual TAC 
specified for Atka mackerel.
    (iv) Remaining groundfish species. Except as provided for in 
paragraphs (a)(2)(1)(i) through (a)(2)(1)(iii) of this section, the 
harvest limit for each BSAI groundfish species or species group will be 
equal to the aggregate 1995 through 1997 catch of that species by 
catcher/processors listed in paragraphs 208(e)(1) through (20) and 209 
of the AFA in non-pollock target fisheries divided by the sum of the 
TACs of that species or species group available to catcher/processors 
in 1995 through 1997 multiplied by the TAC of that species available 
for harvest by catcher/processors in the year in which the harvest 
limit will be in effect.
    (2) Calculation of halibut and crab PSC bycatch limits. For each 
halibut or crab PSC limit specified for catcher/processors in the BSAI, 
the Regional Administrator will establish an annual unrestricted AFA 
catcher/processor PSC limit equal to the estimated aggregate 1995 
through 1997 PSC bycatch of that species by catcher/processors listed 
in paragraphs 208(e)(1) through (20) and 209 of the AFA while engaged 
in directed fishing for species other than pollock divided by the 
aggregate PSC bycatch limit of that species for catcher/processors from 
1995 through 1997 multiplied by the PSC limit of that species available 
to catcher/processors

[[Page 7323]]

in the year in which the harvest limit will be in effect.
    (3) Management of AFA catcher/processor sideboard limits. The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher/processors in accordance with the 
procedures set out in Sec. 679.20(d)(1)(iv), and Sec. 679.21(e)(3)(v).
    (b) AFA catcher vessel sideboards. The Regional Administrator will 
establish restrictions on the ability of AFA catcher vessels to engage 
in directed fishing for other groundfish species in the GOA and BSAI. 
Such restrictions will be established and managed as follows:
    (1) Calculation of groundfish and PSC sideboards. For each 
groundfish species or species group in which a TAC is specified for an 
area or subarea of the GOA and BSAI; and for each halibut and crab PSC 
limit, the Regional Administrator will establish annual AFA catcher 
vessel groundfish harvest limits and PSC bycatch limits as follows:
    (i) Affected vessels. Catcher vessel harvest limits and PSC bycatch 
limits will apply to all AFA catcher vessels in all GOA and non-pollock 
BSAI groundfish fisheries except:
    (A) BSAI Pacific cod--(1) AFA catcher vessels less than 125 ft 
(38.1 m) LOA that are determined by the Regional Administrator to have 
harvested a combined total of less than 5,100 mt of BSAI pollock, and 
to have made 30 or more legal landings of Pacific cod in the BSAI 
directed fishery for Pacific cod from 1995 through 1997 will be exempt 
from sideboard closures for BSAI Pacific cod.
    (2) AFA catcher vessels with mothership endorsements will be exempt 
from BSAI Pacific cod catcher vessel sideboard directed fishing 
closures after March 1 of each fishing year.
    (B) GOA groundfish. AFA catcher vessels less than 125 ft (38.1 m) 
LOA that are determined by the Regional Administrator to have harvested 
less than 5100 mt of BSAI pollock and to have made 40 or more landings 
of GOA groundfish from 1995 through 1997 will be exempt from GOA 
groundfish catcher vessel sideboard directed fishing closures.
    (ii) Calculation of BSAI and GOA groundfish harvest limits--(A) 
BSAI Groundfish other than BSAI Pacific cod. The AFA catcher vessel 
groundfish harvest limit for each BSAI groundfish species or species 
group other than BSAI Pacific cod will be equal to the aggregate 
retained catch of that groundfish species or species group from 1995 
through 1997 by AFA catcher vessels not exempted under 
Sec. 679.63(b)(1)(i)(A)(1); divided by the sum of the TACs available to 
catcher vessels for that species or species group from 1995 through 
1997; multiplied by the TAC available to catcher vessels in the year or 
season in which the harvest limit will be in effect.
    (B) BSAI Pacific cod. The AFA catcher vessel groundfish harvest 
limit for BSAI Pacific cod will be equal to the retained catch of BSAI 
Pacific cod in 1997 by AFA catcher vessels not exempted under 
Sec. 679.63(b)(1)(i)(A)(1) divided by the BSAI Pacific cod TAC 
available to catcher vessels in 1997; multiplied by the BSAI Pacific 
cod TAC available to catcher vessels in the year or season in which the 
harvest limit will be in effect.
    (C) GOA groundfish. The AFA catcher vessel groundfish harvest limit 
for each GOA groundfish species or species group will be equal to the 
aggregate retained catch of that groundfish species or species group 
from 1995 through 1997 by AFA catcher vessels not exempted under 
Sec. 679.63(b)(1)(i)(B); divided by the sum of the TACs of that species 
or species group available to catcher vessels from 1995 through 1997; 
multiplied by the TAC available to catcher vessels in the year or 
season in which the harvest limit will be in effect.
    (iii) Calculation of BSAI and GOA PSC bycatch limits. The AFA 
catcher vessel PSC bycatch limit for halibut in the BSAI and GOA, and 
each crab species in the BSAI for which a trawl bycatch limit has been 
established will be a portion of the PSC limit equal to the ratio of 
aggregate retained groundfish catch by AFA catcher vessels in each PSC 
target category from 1995 through 1997 relative to the retained catch 
of all vessels in that fishery from 1995 through 1997.
    (iv) Management of AFA catcher vessel sideboard limits. The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher vessels using directed fishing closures 
and PSC closures according to the procedures set out at 
Sec. 679.20(d)(1)(iv), Sec. 679.21(d)(8), and Sec. 679.21(e)(3)(v).


Sec. 679.64  AFA inshore processor and AFA mothership crab processing 
sideboard limits.

    (a) Applicability. The crab processing limits in this section apply 
to any AFA inshore or mothership entity that receives pollock harvested 
in the BSAI directed pollock fishery by a fishery cooperative 
established under Sec. 679.60 or Sec. 679.61.
    (b) Calculation of crab processing sideboard limits. Upon receipt 
of an application for a cooperative processing endorsement from the 
owners of an AFA mothership or AFA inshore processor, the Regional 
Administrator will calculate a crab processing cap percentage for the 
associated AFA inshore or mothership entity. The crab processing cap 
percentage for each BSAI king or Tanner crab species will be equal to 
the percentage of the total catch of each BSAI king or Tanner crab 
species that the AFA crab facilities associated with the AFA inshore or 
mothership entity processed in the aggregate, on average, in 1995, 
1996, and 1997.
    (c) Notification of crab processing sideboard percentage limits. An 
AFA inshore or mothership entity's crab processing cap percentage for 
each BSAI king or Tanner crab species will be listed on each AFA 
mothership or AFA inshore processor permit that contains a cooperative 
pollock processing endorsement.
    (d) Conversion of crab processing sideboard percentages and 
notification of crab processing sideboard poundage caps. Prior to the 
start of each BSAI king or Tanner crab fishery, NMFS will convert each 
AFA inshore or mothership entity's crab processing sideboard percentage 
to a poundage cap by multiplying the crab processing sideboard 
percentage by the pre-season guideline harvest level established for 
that crab fishery by ADF&G. The Regional Administrator will notify each 
AFA inshore or mothership entity of its crab processing sideboard 
poundage cap through a letter to the owner of the AFA mothership or AFA 
inshore processor and by publishing the crab processing poundage caps 
on the NMFS-Alaska Region world wide web home page (http://www.fakr.noaa.gov).
    (e) Overages. In the event that the actual harvest of a BSAI crab 
species exceeds the pre-season Guideline harvest level (GHL) announced 
for that species, an AFA inshore or mothership entity may exceed its 
crab processing cap without penalty up to an amount equal to the AFA 
inshore or mothership entity's crab processing percentage multiplied by 
the final official harvest amount of that crab species as determined by 
ADF&G and announced by NMFS on the NMFS-Alaska Region world wide web 
home page (http://www.fakr.noaa.gov).
    12. In 50 CFR part 679, Tables 12, 13, and 20 to part 679 are 
suspended, and Table 21 to part 679 is added to read as follows:

[[Page 7324]]



                                      Table 21 to 50 CFR Part 679 Steller Sea Lion Protection Areas in the Bering Sea, Aleutian Islands and Gulf of Alaska
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Boundaries from                                 Boundaries to                                     No
                                                               ----------------------------------------------------------------------------------------------  ESA  listed or  transit  Critical
            Site name                   Management region                                                                                                           RPA*        zone 3   habitat
                                                                     Latitude (N)            Longitude (W)           Latitude (N)          Longitude (W)                          nm       nm
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
St. Lawrence I./S Punuk I.......  Bering Sea..................  63 04.00 N............  168 51.00 W...........                                                H                           20
St. Lawrence I./SW Cape.........  Bering Sea..................  63 18.00 N............  171 26.00 W...........                                                H                           20
Hall I..........................  Bering Sea..................  60 37.00 N............  173 00.00 W...........                                                H                           20
St Paul I./Sea Lion Rock........  Bering Sea..................  57 06.00 N............  170 17.50 W...........                                                H                           20
St Paul I./NE Pt................  Bering Sea..................  57 15.00 N............  170 06.50 W...........                                                H                           20
Walrus I. (Pribilofs)...........  Bering Sea..................  57 11.00 N............  169 56.00 W...........                                                R                      3    20
St. George I/Dalnoi Pt..........  Bering Sea..................  56 36.00 N............  169 46.00 W...........                                                H                           20
St. George I./S Rookery.........  Bering Sea..................  56 33.50 N............  169 40.00 W...........                                                H                           20
Cape Newenham...................  Bering Sea..................  58 39.00 N............  162 10.50 W...........                                                H                           20
Round (Walrus Islands)..........  Bering Sea..................  58 36.00 N............  159 58.00 W...........                                                H                           20
Attu I./Cape Wrangell...........  Aleutian Islands............  52 54.60 N............  172 27.90 E...........  52 55.40 N...........  172 27.20 E..........  R                      3    20
Agattu I./Gillon Pt.............  Aleutian Islands............  52 24.13 N............  173 21.31 E...........    ...................    ...................  R                      3    20
Attu I./Chirikof Pt.............  Aleutian Islands............  52 49.75 N............  173 26.00 E...........    ...................    ...................  H                           20
Agattu I./Cape Sabak............  Aleutian Islands............  52 22.50 N............  173 43.30 E...........  52 21.80 N...........  173 41.40 E..........  R                      3    20
Alaid I.........................  Aleutian Islands............  52 46.50 N............  173 51.50 E...........  52 45.00 N...........  173 56.50 E..........  H                           20
Shemya I........................  Aleutian Islands............  52 44.00 N............  174 08.70 E...........    ...................    ...................  H                           20
Buldir I........................  Aleutian Islands............  52 20.25 N............  175 54.03 E...........  52 20.38 N...........  175 53.85 E..........  R                      3    20
Kiska I./Cape St. Stephen.......  Aleutian Islands............  51 52.50 N............  177 12.70 E...........  51 53.50 N...........  177 12.00 E..........  R                      3    20
Kiska I./Sobaka & Vega..........  Aleutian Islands............  51 49.50 N............  177 19.00 E...........  51 48.50 N...........  177 20.50 E..........  H                           20
Kiska I./Lief Cove..............  Aleutian Islands............  51 57.16 N............  177 20.41 E...........  51 57.24 N...........  177 20.53 E..........  R                      3    20
Kiska I./Sirius Pt..............  Aleutian Islands............  52 08.50 N............  177 36.50 E...........    ...................    ...................  H                           20
Tanadak I. (Kiska)..............  Aleutian Islands............  51 56.80 N............  177 46.80 E...........    ...................    ...................  H                           20
Segula I........................  Aleutian Islands............  51 59.90 N............  178 05.80 E...........  52 03.06 N...........  178 08.80 E..........  H                           20
Ayugadak Point..................  Aleutian Islands............  51 45.36 N............  178 24.30 E...........    ...................    ...................  R                      3    20
Rat I./Krysi Pt.................  Aleutian Islands............  51 49.98 N............  178 12.35 E...........    ...................    ...................  RPA
Little Sitkin I.................  Aleutian Islands............  51 59.30 N............  178 29.80 E...........    ...................    ...................  H                           20
Amchitka I./Column Rocks........  Aleutian Islands............  51 32.32 N............  178 49.28 E...........    ...................    ...................  R                      3    20
Amchitka I./East Cape...........  Aleutian Islands............  51 22.26 N............  179 27.93 E...........  51 22.00 N...........  179 27.00 E..........  R                      3    20
Amchitka I./Cape Ivakin.........  Aleutian Islands............  51 24.46 N............  179 24.21 E...........    ...................    ...................  RPA
Semisopochnoi/Petrel Pt.........  Aleutian Islands............  52 01.40 N............  179 36.90 E...........  52 01.50 N...........  179 39.00 E..........  R                      3    20
Semisopochnoi I./Pochnoi Pt.....  Aleutian Islands............  51 57.30 N............  179 46.00 E...........    ...................    ...................  R                      3    20
Amatignak I./Nitrof Pt..........  Aleutian Islands............  51 13.00 N............  179 07.80 W...........    ...................    ...................  H                           20
Unalga & Dinkum Rocks...........  Aleutian Islands............  51 33.67 N............  179 04.25 W...........  51 35.09 N...........  179 03.66 W..........  H                           20
Ulak I./Hasgox Pt...............  Aleutian Islands............  51 18.90 N............  178 58.90 W...........  51 18.70 N...........  178 59.60 W..........  R                      3    20
Kavalga I.......................  Aleutian Islands............  51 34.50 N............  178 51.73 W...........  51 34.50 N...........  178 49.50 W..........  H                           20
Tag I...........................  Aleutian Islands............  51 33.50 N............  178 34.50 W...........    ...................    ...................  R                      3    20
Ugidak I........................  Aleutian Islands............  51 34.95 N............  178 30.45 W...........    ...................    ...................  H                           20
Gramp Rock......................  Aleutian Islands............  51 28.87 N............  178 20.58 W...........    ...................    ...................  R                      3    20
Tanaga I./Bumpy Pt..............  Aleutian Islands............  51 55.00 N............  177 58.50 W...........  51 55.00 N...........  177 57.10 W..........  H                           20
Bobrof I........................  Aleutian Islands............  51 54.00 N............  177 27.00 W...........    ...................    ...................  H                           20
Kanaga I./Ship Rock.............  Aleutian Islands............  51 46.70 N............  177 20.72 W...........    ...................    ...................  H                           20
Kanaga I./North Cape............  Aleutian Islands............  51 56.50 N............  177 09.00 W...........    ...................    ...................  H                           20
Adak I..........................  Aleutian Islands............  51 35.50 N............  176 57.10 W...........  51 37.40 N...........  176 59.60 W..........  R                      3    20
Little Tanaga Strait............  Aleutian Islands............  51 49.09 N............  176 13.90 W...........    ...................    ...................  H                           20
Great Sitkin I..................  Aleutian Islands............  52 06.00 N............  176 10.50 W...........  52 07.00 N...........  176 07.00 W..........  H                           20
Anagaksik I.....................  Aleutian Islands............  51 50.86 N............  175 53.00 W...........    ...................    ...................  H                           20
Kasatochi I.....................  Aleutian Islands............  52 11.11 N............  175 31.00 W...........    ...................    ...................  R                      3    20
Atka I./N. Cape.................  Aleutian Islands............  52 24.20 N............  174 17.80 W...........    ...................    ...................  H                           20
Amlia I./Sviech. Harbor.........  Aleutian Islands............  52 01.80 N............  173 23.90 W...........    ...................    ...................  H                           20
Sagigik I.......................  Aleutian Islands............  52 00.50 N............  173 09.30 W...........    ...................    ...................  H                           20
Amlia I./East...................  Aleutian Islands............  52 05.70 N............  172 59.00 W...........  52 05.75 N...........  172 57.50 W..........  H                           20
Tanadak I. (Amlia)..............  Aleutian Islands............  52 04.20 N............  172 57.60 W...........    ...................    ...................  H                     20

[[Page 7325]]

 
Agligadak I.....................  Aleutian Islands............  52 06.09 N............  172 54.23 W...........    ...................    ...................  R                      3    20
Seguam I./Saddleridge Pt........  Aleutian Islands............  52 21.05 N............  172 34.40 W...........  52 21.02 N...........  172 33.60 W..........  R                      3    20
Seguam I./Finch Pt..............  Aleutian Islands............  52 23.40 N............  172 27.70 W...........  52 23.25 N...........  172 24.30 W..........  H                           20
Seguam I./South Side............  Aleutian Islands............  52 21.60 N............  172 19.30 W...........  52 15.55 N...........  172 31.22 W..........  H                           20
Amukta I. & Rocks...............  Aleutian Islands............  52 27.25 N............  171 17.90 W...........    ...................    ...................  H                           20
Chagulak I......................  Aleutian Islands............  52 34.00 N............  171 10.50 W...........    ...................    ...................  H                           20
Yunaska I.......................  Aleutian Islands............  52 41.40 N............  170 36.35 W...........    ...................    ...................  R                      3    20
Uliaga..........................  Bering Sea..................  53 04.00 N............  169 47.00 W...........  53 05.00 N...........  169 46.00 W..........  H
Chuginadak......................  Gulf of Alaska..............  52 46.70 N............  169 41.90 W...........    ...................    ...................  H                           20
Kagamil.........................  Bering Sea..................  53 02.10 N............  169 41.00 W...........    ...................    ...................  H                           20
Samalga.........................  Gulf of Alaska..............  52 46.00 N............  169 15.00 W...........    ...................    ...................  RPA
Adugak I........................  Bering Sea..................  52 54.70 N............  169 10.50 W...........    ...................    ...................  R                      3    20
Umnak I./Cape Aslik.............  Bering Sea..................  53 25.00 N............  168 24.50 W...........    ...................    ...................  H                           20
Ogchul I........................  Gulf of Alaska..............  52 59.71 N............  168 24.24 W...........    ...................    ...................  R                      3    20
Bogoslof I./Fire Island.........  Bering Sea..................  53 55.69 N............  168 02.05 W...........    ...................    ...................  R                      3    20
Polivnoi Rock...................  Gulf of Alaska..............  53 15.96 N............  167 57.99 W...........    ...................    ...................  H                           20
Emerald I.......................  Gulf of Alaska..............  53 17.50 N............  167 51.50 W...........    ...................    ...................  H                           20
Unalaska/Cape Izigan............  Gulf of Alaska..............  53 13.64 N............  167 39.37 W...........    ...................    ...................  RPA
Unalaska/Bishop Pt..............  Bering Sea..................  53 58.40 N............  166 57.50 W...........    ...................    ...................  RPA
Akutan I./Reef-lava.............  Bering Sea..................  54 08.10 N............  166 06.19 W...........  54 09.10 N...........  166 05.50 W..........  H                           20
Unalaska I./Cape Sedanka........  Gulf of Alaska..............  53 50.50 N............  166 05.00 W...........    ...................    ...................  H                           20
Old Man Rocks...................  Gulf of Alaska..............  53 52.20 N............  166 04.90 W...........    ...................    ...................  H                           20
Akutan I./Cape Morgan...........  Gulf of Alaska..............  54 03.39 N............  165 59.65 W...........  54 03.70 N...........  166 03.68 W..........  R                      3    20
Akun I./Billings Head...........  Bering Sea..................  54 17.62 N............  165 32.06 W...........  54 17.57 N...........  165 31.71 W..........  R                      3    20
Rootok..........................  Gulf of Alaska..............  54 03.90 N............  165 31.90 W...........  54 02.90 N...........  165 29.50 W..........  RPA
Tanginak I......................  Gulf of Alaska..............  54 12.00 N............  165 19.40 W...........    ...................    ...................  H                           20
Tigalda/Rocks NE................  Gulf of Alaska..............  54 09.60 N............  164 59.00 W...........  54 09.12 N...........  164 57.18 W..........  H                           20
Unimak/Cape Sarichef............  Bering Sea..................  54 34.30 N............  164 56.80 W...........    ...................    ...................  RPA
Aiktak..........................  Gulf of Alaska..............  54 10.99 N............  164 51.15 W...........    ...................    ...................  RPA
Ugamak I........................  Gulf of Alaska..............  54 13.50 N............  164 47.50 W...........  54 12.80 N...........  164 47.50 W..........  R                      3    20
Round (GOA).....................  Gulf of Alaska..............  54 12.05 N............  164 46.60 W...........    ...................    ...................  RPA
Sea Lion Rock (Amak)............  Bering Sea..................  55 27.82 N............  163 12.10 W...........    ...................    ...................  R                      3    20
Amak I. and rocks...............  Bering Sea..................  55 24.20 N............  163 09.60 W...........  55 26.15 N...........  163 08.50 W..........  H                           20
Bird I..........................  Gulf of Alaska..............  54 40.00 N............  163 17.15 W...........    ...................    ...................  H                           20
Caton I.........................  Gulf of Alaska..............  54 22.70 N............  162 21.30 W...........    ...................    ...................  H                           20
South Rocks.....................  Gulf of Alaska..............  54 18.14 N............  162 41.25 W...........    ...................    ...................  H                           20
Clubbing Rocks (S)..............  Gulf of Alaska..............  54 41.98 N............  162 26.74 W...........    ...................    ...................  R                      3    20
Clubbing Rocks (N)..............  Gulf of Alaska..............  54 42.75 N............  162 26.72 W...........    ...................    ...................  R                      3    20
Pinnacle Rock...................  Gulf of Alaska..............  54 46.06 N............  161 45.85 W...........    ...................    ...................  R                      3    20
Sushilnoi Rocks.................  Gulf of Alaska..............  54 49.30 N............  161 42.73 W...........    ...................    ...................  RPA
Olga Rocks......................  Gulf of Alaska..............  55 00.45 N............  161 29.81 W...........  54 59.09 N...........  161 30.89 W..........  RPA
Jude I..........................  Gulf of Alaska..............  55 15.75 N............  161 06.27 W...........    ...................    ...................  H                           20
Sea Lion Rocks (Shumagins)......  Gulf of Alaska..............  55 04.70 N............  160 31.04 W...........    ...................    ...................  H                           20
Nagai I./Mountain Pt............  Gulf of Alaska..............  54 54.20 N............  160 15.40 W...........  54 56.00 N...........  160 15.00 W..........  H                           20
The Whaleback...................  Gulf of Alaska..............  55 16.82 N............  160 05.04 W...........    ...................    ...................  H                           20
Chernabura I....................  Gulf of Alaska..............  54 45.18 N............  159 32.99 W...........  54 45.87 N...........  159 35.74 W..........  R                      3    20
Castle Rock.....................  Gulf of Alaska..............  55 16.47 N............  159 29.77 W...........    ...................    ...................  H                           20
Atkins I........................  Gulf of Alaska..............  55 03.20 N............  159 17.40 W...........    ...................    ...................  R                      3    20
Spitz I.........................  Gulf of Alaska..............  55 46.60 N............  158 53.90 W...........    ...................    ...................  H                           20
Mitrofania......................  Gulf of Alaska..............  55 50.20 N............  158 41.90 W...........    ...................    ...................  RPA
Kak.............................  Gulf of Alaska..............  56 17.30 N............  157 50.10 W...........    ...................    ...................  RPA
Lighhthouse Rocks...............  Gulf of Alaska..............  55 46.79 N............  157 24.89 W...........    ...................    ...................  H                           20
Sutwik I........................  Gulf of Alaska..............  56 31.05 N............  157 20.47 W...........  56 32.00 N...........  157 21.00 W..........  H                           20
Chowiet I.......................  Gulf of Alaska..............  56 00.54 N............  156 41.42 W...........  56 00.30 N...........  156 41.60 W..........  R                      3    20
Nagai Rocks.....................  Gulf of Alaska..............  55 49.80 N............  155 47.50 W...........    ...................    ...................  H                           20
Chirikof I......................  Gulf of Alaska..............  55 46.50 N............  155 39.50 W...........  55 46.44 N...........  155 43.46 W..........  R                      3    20
Puale Bay.......................  Gulf of Alaska..............  57 40.60 N............  155 23.10 W...........    ...................    ...................  H                           20
Kodiak/Cape Ikolik..............  Gulf of Alaska..............  57 17.20 N............  154 47.50 W...........    ...................    ...................  H                           20
Takli I.........................  Gulf of Alaska..............  58 01.75 N............  154 31.25 W...........    ...................    ...................  H                           20
Cape Kuliak.....................  Gulf of Alaska..............  58 08.00 N............  154 12.50 W...........    ...................    ...................  H                           20
Cape Gull.......................  Gulf of Alaska..............  58 11.50 N............  154 09.60 W...........  58 12.50 N...........  154 10.50 W..........  H                           20

[[Page 7326]]

 
Kodiak/Cape Ugat................  Gulf of Alaska..............  57 52.41 N............  153 50.97 W...........    ...................    ...................  H                           20
Sitkinak/Cape Sitkinak..........  Gulf of Alaska..............  56 34.30 N............  153 50.96 W...........    ...................    ...................  H                           20
Shakun Rock.....................  Gulf of Alaska..............  58 32.80 N............  153 41.50 W...........    ...................    ...................  H                           20
Twoheaded I.....................  Gulf of Alaska..............  56 54.50 N............  153 32.75 W...........  56 53.90 N...........  153 33.74 W..........  H                           20
Cape Douglas (Shaw I.)..........  Gulf of Alaska..............  59 00.00 N............  153 22.50 W...........    ...................    ...................  RPA
Kodiak/Cape Barnabas............  Gulf of Alaska..............  57 10.20 N............  152 53.05 W...........    ...................    ...................  H                           20
Kodiak/Gull Point...............  Gulf of Alaska..............  57 21.45 N............  152 36.30 W...........    ...................    ...................  H                           20
Latax Rocks.....................  Gulf of Alaska..............  58 40.10 N............  152 31.30 W...........    ...................    ...................  H                           20
Ushagat I./SW...................  Gulf of Alaska..............  58 54.75 N............  152 22.20 W...........    ...................    ...................  H                           20
Ugak I..........................  Gulf of Alaska..............  57 23.60 N............  152 17.50 W...........  57 21.90 N...........  152 17.40 W..........  H                           20
Sea Otter I.....................  Gulf of Alaska..............  58 31.15 N............  152 13.30 W...........    ...................    ...................  H                           20
Long I..........................  Gulf of Alaska..............  57 46.82 N............  152 12.90 W...........    ...................    ...................  H                           20
Sud I...........................  Gulf of Alaska..............  58 54.00 N............  152 12.50 W...........    ...................    ...................  H                           20
Kodiak/Cape Chiniak.............  Gulf of Alaska..............  57 37.90 N............  152 08.25 W...........    ...................    ...................  H                           20
Sugarloaf I.....................  Gulf of Alaska..............  58 53.25 N............  152 02.40 W...........    ...................    ...................  R                      3    20
Sea Lion Rocks (Marmot).........  Gulf of Alaska..............  58 20.53 N............  151 48.83 W...........    ...................    ...................  H                           20
Marmot I........................  Gulf of Alaska..............  58 13.65 N............  151 47.75 W...........  58 09.90 N...........  151 52.06 W..........  R                      3    20
Nagahut Rocks...................  Gulf of Alaska..............  59 06.00 N............  151 46.30 W...........    ...................    ...................  H                           20
Perl............................  Gulf of Alaska..............  59 05.75 N............  151 39.75 W...........    ...................    ...................  RPA
Gore Point......................  Gulf of Alaska..............  59 12.00 N............  150 58.00 W...........    ...................    ...................  H                           20
Outer (Pye) I...................  Gulf of Alaska..............  59 20.50 N............  150 23.00 W...........  59 21.00 N...........  150 24.50 W..........  R                      3    20
Steep Point.....................  Gulf of Alaska..............  59 29.05 N............  150 15.40 W...........    ...................    ...................  RPA
Seal Rocks (Kenai)..............  Gulf of Alaska..............  59 31.20 N............  149 37.50 W...........    ...................    ...................  H                    see    20
                                                                                                                                                                                  note
Chiswell Islands................  Gulf of Alaska..............  59 36.00 N............  149 34.00 W...........    ...................    ...................  H                           20
Rugged Island...................  Gulf of Alaska..............  59 49.80 N............  149 23.30 W...........  59 51.00 N...........  149 25.30 W..........  RPA
Point Elrington.................  Gulf of Alaska..............  59 56.00 N............  148 15.20 W...........    ...................    ...................  H                           20
Perry I.........................  Gulf of Alaska..............  60 44.00 N............  147 54.60 W...........    ...................    ...................  H                           20
The Needle......................  Gulf of Alaska..............  60 06.64 N............  147 36.17 W...........    ...................    ...................  H                           20
Point Eleanor...................  Gulf of Alaska..............  60 35.00 N............  147 34.00 W...........    ...................    ...................  H                           20
Wooded I. (Fish I.).............  Gulf of Alaska..............  59 52.90 N............  147 20.65 W...........    ...................    ...................  R                    see    20
                                                                                                                                                                                  note
Glacier Island..................  Gulf of Alaska..............  60 51.30 N............  147 14.50 W...........    ...................    ...................  RPA
Seal Rocks (Cordova)............  Gulf of Alaska..............  60 09.78 N............  146 50.30 W...........    ...................    ...................  R                    see    20
                                                                                                                                                                                  note
Cape Hinchinbrook...............  Gulf of Alaska..............  60 14.00 N............  146 38.50 W...........    ...................    ...................  RPA
Middleton I.....................  Gulf of Alaska..............  59 28.30 N............  146 18.80 W...........    ...................    ...................  H                           20
Hook Point......................  Gulf of Alaska..............  60 20.00 N............  146 15.60 W...........    ...................    ...................  H                           20
Cape St. Elias..................  Gulf of Alaska..............  59 47.50 N............  144 36.20 W...........    ...................    ...................  H                           20
Cape Fairweather................  Gulf of Alaska..............  58 47.50 N............  137 56.30 W...........    ...................    ...................  H
Graves Rock.....................  Gulf of Alaska..............  58 14.30 N............  136 45.40 W...........    ...................    ...................  H
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* RPA sites meet the criteria in the 1998 Biological Opinion for the protection of Steller sea lions but are not listed in 50 CFR part 226. These sites are not included in closures of critical
  habitat in the Aleutian Islands subarea upon attainment of critical habitat limits specified for the Aleutian Islands Atka mackerel fishery.


[[Page 7327]]

[FR Doc. 01-1744 Filed 1-18-01; 3:25 pm]
BILLING CODE 3510-22-P